DATE: August 4, 1995
CASE NO: 92-JTP-35
IN THE MATTER OF
NAVAJO TRIBE OF INDIANS,
Complainant,
v.
U.S. DEPARTMENT OF LABOR,
Respondent.
ORDER OF DISMISSAL
This matter arises under the Job Training Partnership Act
(JTPA), 29 U.S.C. § 1501, etseq., and the
regulations promulgated thereunder at 20 C.F.R. Part 636. This
matter was referred to the Office of Administrative Law Judges for
hearing and assigned to the undersigned Administrative Law Judge,
who set this matter for hearing in Widow Rock, Arizona on Monday,
November 14, 1994.
However, prior to the hearing the parties informed this office
that they had reached an agreement that would solve the dispute in
this matter. However, "due to the Navajo Nation's legislative
process, monies cannot be appropriated to settle these matters
until after the Navajo Nation's Council's legislative session
begins in April, 1995." Therefore, the settlement could not be
fully executed until after the Council's session.
Pursuant to the "Parties Joint Motion For Continuance",
received on November 14, 1994, this matter was continued until June
1995, after which time the Navajo Nation Council has had an
opportunity to consider the terms of the settlement offer.
On August 4, 1995, this office received the parties
"Stipulation of Dismissal with Prejudice", signed by counsel for
the Navajo Nation and counsel for the Department of Labor. Said
stipulations state that the parties have entered into a stipulation
agreement which resolves the issue pending before this office.
Counsel request that this matter be dismissed with prejudice.
[PAGE 2]
After reviewing the entire file in this matter and further
being fully advised in the premises, it is determined that the
Stipulation for Dismissal by both parties in the above-styled
matter should be GRANTED. Accordingly, the undersigned
approves the stipulation of dismissal in the above-styled matter
and this matter is HEREBY DISMISSED with prejudice.
Entered on this 4th day of August, 1995, at Long Beach,
California.
DANIEL L. STEWART
Administrative Law Judge
DLS:lmh