USDOL/OALJ Reporter
OFCCP v. Trinity Industries, Inc., 97-OFC-14 (ALJ 1997)
UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
800 K STREET, NW, SUITE 400N
WASHINGTON, D.C. 20001-8002
ORDER DENYING MOTION FOR SUMMARY
JUDGMENT
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OFFICE OF ADMINISTRATIVE LAW JUDGES
800 K STREET, NW, SUITE 400N
WASHINGTON, D.C. 20001-8002
DATE:
CASE NO: 97-OFC-14
In the Matter of:
UNITED STATES DEPARTMENT OF LABOR,
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS,
Plaintiff
v.
TRINITY INDUSTRIES, INC.
Defendant
Pursuant to 41 C.F.R. § 60-30.1, 41 C.F.R. § 60-30.23, and Federal Rule of Civil Procedure 56, Defendant, Trinity Industries, Inc. (Trinity) filed a Motion for Summary Judgment dated June 30, 1997.
On May 23, 1997, the Office of Federal Contract Compliance Programs (OFCCP) filed a complaint against Trinity alleging that it had violated Executive Order 11246 [41 C.F.R. §§ 6-11; 60-1.5 (1965)], Section 503 of the Rehabilitation Act of 1973 [29 U.S.C. § 793], and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 [38 U.S.C. § 4212] (VEVRA). In their Answer and Response dated June 11, 1997, and in their Motion for Summary Judgment, Trinity maintains that the OFCCP lacks subject matter jurisdiction over the complaint for the reason that Trinity's Asheville, North Carolina facility is not a "contractor" as that term is defined by Executive Order 11246; Section 503 of the Rehabilitation Act; VEVRA; and the regulations issued pursuant thereto.
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Summary judgments will be granted if the complaint and answer, depositions, and admissions on file, together with any affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. 41 C.F.R. § 60-20.23(e). However, I find that the issue of jurisdiction is one to be raised at the hearing before the presiding Administrative Law Judge to be assigned forthwith. Therefore, Defendant's otion for Summary Judgment is DISMISSED without prejudice.
SO ORDERED.
JOHN M. VITTONE
Chief Administrative Law Judge
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