UNITED STATES
DEPARTMENT OF LABOR

USDOL/OALJ Reporter
Merchant Construction Co., 96-DBA-29 (ALJ Nov. 8, 1996)

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Date Issued: November 8, 1996

Case No.: 96-DBA-29

In the Matter of:

    Dispute concerning the payment of
prevailing wage rates and overtime by:

MERCHANT CONSTRUCTION COMPANY,
    Subcontractor

    and

HASAN MERCHANT, Individually and
    as President,

Respondents

    With respect to laborers and mechanics
employed by MERCHANT CONSTRUCTION COMPANY on
U.S. Department of the Air Force Contract
No. F11603-90-C0012, O'Hare Air Force Base,
Chicago, Illinois; and with respect to the
ineligibility provisions of 29 C.F.R. § 5.12.

Before: JOHN M. VITTONE
    Chief Administrative Law Judge

DECISION AND ORDER

    This case arises under the Reorganization Plan No. 14 of 1950 (64 Stat. 1267), the Davis-Bacon Act (DBA), as amended, 40 U.S.C. § 276 et seq., Contract Work Hours and Safety Standards Act (CWHSSA), 49 U.S.C. § 327 et seq. and the applicable regulations thereunder at 29 C.F.R. Part 5.

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    By letter dated July 22, 1993, the Wage Hour Division of the United States Department of Labor (DOL) notified erchant Construction Company and Hasan Merchant (Respondents) that they had breached a contract with the United States Government and violated the aforementioned Acts and regulations. On August 16,1993, Respondents timely requested a hearing. Subsequently, DOL filed an Order of Reference with this Office on ay 17, 1996. This Office issued a Prehearing Order on June 6, 1996. The Prehearing Order instructed DOL to furnish the Prime Contractor and any Subcontractor(s) with certain information.

    On September 13, 1996, DOL and Respondents submitted an executed Consent Findings informing this Office that the parties have negotiated a settlement of all disputed claims. Pursuant to 29 C.F.R. § 6.43, the parties request review of the agreement and an order disposing of this proceeding.

    Admitting the violations alleged in the Order of Reference, Respondents agreed that they should be debarred in accordance with DBA regulations. As a result of the violations, Respondents have agreed to authorize the release of funds withheld by the United States Department of the Air Force to DOL. DOL will disburse those funds to the employees listed in Exhibits A and B. Respondents have also agreed to comply with all labor standards provisions of the DBA, the CWHSSA, and applicable regulations thereunder.

    Upon review of the record, the Consent Findings are APPROVED. This agreement constitutes full and final resolution of this matter. It is ORDERED that:

1. This order shall have the same force and effect

as an order after full hearing;

2. The entire record upon which this order is based shall consist solely of the Order of Reference and the Consent Findings;

3. Any further procedural steps before this Office are waived; and

4. Any rights to challenge or contest the validity of this order entered into in accordance with this agreement are waived.

      JOHN M. VITTONE
      Chief Administrative Law Judge

Washington, DC

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