USDOL/OALJ Reporter
CCASE_NAME:
OFCCP v. USAIR
CCASE_NO:
88-OFC-17
DDATE:
19920630
TTITLE:
ORDER APPROVING CONSENT DECREE
TTEXT:
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U.S.DEPARTMENT OF LABOR
SECRETARY OF LABOR
WASHINGTON D.C.
DATE: June 30, 1992
CASE NO. 88-OFC-17
IN THE MATTER OF
OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS,
U.S. DEPARTMENT OF LABOR,
PLAINTIFF,
v.
USAIR, INC.,
DEFENDANT,
and
AIR LINE PILOTS ASSOCIATION,
and
ASSOCIATION OF FLIGHT ATTENDANTS,
PARTIES IN INTEREST.
BEFORE: THE SECRETARY OF LABOR
ORDER APPROVING CONSENT DECREE
The Administrative Law Judge (ALJ) submitted a Recommended
Order Approving Consent Decree (R.O.) in this case arising under
Executive Order No. 11,246, as amended, finding that a consent
decree signed by counsel for Plaintiff and counsel for Defendant
USAir, Inc., and by party-in-interest the Association of Flight
Attendants, is "fair, adequate, and reasonable" and recommending
that it be approved. R.O. at 5.
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Party-in-interest the Air Line Pilots Association (ALPA) did
not sign the decree, and filed objections to it with the ALJ.
The ALJ held a hearing on ALPA's objections and held that "the
record does not support ALPA's contention that the decree is
unfair." Id. No exceptions to the R.O. have been filed.
The consent decree and the record in this case have been reviewed
and I agree with the ALJ that it is fair, adequate and reasonable. I note
that two paragraphs of the decree, [[ PP page 2 line 8 ]] 56 and 57, and
a Stipulation and Order for Confidential Treatment of Documents and
Discovery Matters referred to in [[ P page 2 line 10 ]] 57, will be
implemented in accordance with applicable law and Departmental
regulations with respect to public access to or disclosure of materials
in the record complied before the ALJ and submitted with his Recommended
Order to the Secretary.
Accordingly, I adopt the ALJ's Recommended Order Approving
Consent Decree and the Consent Decree in this case is hereby
approved.
SO ORDERED.
__________________________
Secretary of Labor
Washington, D.C.
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CERTIFICATE OF SERVICE
Case Name : OFCCP, U.S. Department of Labor v. USAir, Inc.,
and Air Line Pilots Association and Association for
Flight Attendants,
Case Nos. : 88-OFC-17
Document : Order Approving Consent Decree
A copy of the above-referenced document was sent to the following
persons on JUN 30 1992.
_______________________________
EXPRESS MAIL
Barbara Berish Brown
Kenen M. Smith
Alice J. Smith
PAUL, HASTINGS, JANOFSKY & WALKER
Suite 1200
1050 Connecticut Avenue, N.W.
Washington, DC 20036
Edward J. Gilmartin
Hessie Harris, Esq.
Association of Flight
Attendants
1625 Massachusetts Avenue, N.W.
Washington, DC 20036
ichelle V. Bryan, Esq.
USAir, Crystal Park Four
2345 Crystal Drive
Arlington, VA 22221
Eugene B.Granof
Air Line Pilots
Association, Int'l
1625 Massachusetts Avenue, N.W.
Washington, DC 20036
Clay Warner, Esq.
Air Line Pilots
Association Int'l
535 Herndon Parkway
Herndon, VA 22070
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HAND DELIVERED
James D. Henry
Associate Solicitor
for Civil Rights
Debra A. Millenson
Beverly I. Dankowitz
U.S. Department of Labor
Room N-2464
200 Constitution Avenue, N.W.
Washington, DC 20210
REGULAR MAIL
Larry A. Auerbach, Esq.
Office of the Solicitor
U.S. Department of Labor
Room 339
1371 Peachtree Street, N.E.
Atlanta, GA 30367
Honorable Theodor P. Von Brand
Administrative Law Judge
Office of Administrative Law Judges
55 West Queens Way
Suite 201
Hampton, VA 23669
Honorable Nahum Litt
Chief Administrative Law Judge
Office of Administrative Law Judges
800 K Street, N.W.
Suite 400
Washington, DC 20001-8002
Honorable John M. Vittone
Deputy Chief Administrative Law Judge
Office of Administrative Law Judges
800 K Street, N.W.
Suite 400
Washington, DC 20001-8002
