Memory Care at Seven Lakes Assisted Living (Board decision, February 23, 2016)

Plain-English summary

Connell Resources asked the Administrative Review Board to review a Wage and Hour Division decision denying proposed rates for several power equipment operator classifications. Before the Board ruled on the classifications, Connell Resources withdrew its petition. The Board gave the Wage and Hour Division an opportunity to respond, and it did not. The Board granted the unopposed motion and dismissed the petition for review.

Decision snapshot

• Cited authority: No statute or regulation is cited in this order.
• Outcome: Petition for review dismissed after withdrawal; proposed classifications not decided.
• Key point: An unopposed withdrawal ended the Board review.

Full text (DOL official public release)

U.S. Department of Labor
Administrative Review Board
200 Constitution Ave., N.W.
Washington, DC 20210

In the Matter of:

MEMORY CARE AT SEVEN LAKES
ARB CASE NO. 14-030
ASSISTED LIVING,
Wage Determination No.
DATE: February 23, 2016
CO20100008-Mod 11-2/11/2011

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

Appearances:

For Petitioner:
Brena Cordova, Connell Resources, Inc., Fort Collins, Colorado

For Respondent Administrator, Wage and Hour Division:
Katelyn Wendell Poe, Esq.; Jonathan T. Rees, Esq.; William C. Lesser, Esq.;
Jennifer S. Brand, Esq.; M. Patricia Smith, Esq.; U.S. Department of Labor, Washington, District of Columbia

Before: Paul M. Igasaki, Chief Administrative Appeals Judge; E. Cooper Brown, Deputy Chief Administrative Appeals Judge; and Luis A. Corchado, Administrative Appeals Judge

FINAL ORDER DISMISSING PETITION FOR REVIEW

Connell Resources, Inc., filed a petition for review asking the Administrative Review Board (ARB) to review a September 10, 2013 final decision by the Administrator, Wage and Hour Division, U.S. Department of Labor, denying its request to conform several power equipment operator classifications at proposed rates. On December 10, 2015, Connell Resources filed a motion withdrawing its petition for review. On or about February 3, 2016, the ARB sent to the counsel for the Administrator, a letter informing them of the motion and requesting a response, if any, by February 12, 2016. As counsel for the Administrator did not respond, we GRANT the motion and DISMISS Connell Resource’s petition for review as unopposed.

FOR THE ADMINISTRATIVE REVIEW BOARD:

JANET R. DUNLOP
General Counsel

USDOL/OALJ REPORTER
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