Ezel / Agency Decisions / ARB 2016-0034

J. Becher & Associates, Inc. (Board decision, March 22, 2016)

J. Becher & Associates (DOL ARB 2016-0034): Review petition dismissed by consent

Decision type
Board decision
Docket
ARB 2016-0034
Decided
March 22, 2016
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-11-06
Cited standards
40 U.S.C. § 3141 29 C.F.R. § 26.1(b)
Official source
Read the official release (dol.gov)
PDF
View Official PDF

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This is citable Board precedent from 2016, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 2016
The statutes and regulations the Board applies may have been amended, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current advice. Verify current law before relying on any specific rule mentioned here.
Final ARB decision dismissing the petition for review
The Board acts with the Secretary of Labor's delegated authority under 29 C.F.R. § 26.1(b). It dismissed this Davis-Bacon Act appeal without prejudice after the petitioner consented. The order ended this Board proceeding but did not decide the underlying wage issue.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official DOL ARB release. The full text is the agency's own release.
Read the official release (dol.gov)

Plain-English summary

J. Becher & Associates petitioned the Administrative Review Board over a Davis-Bacon wage determination for a Minnesota project. The Wage and Hour Division Administrator asked the Board to dismiss the petition and suspend the briefing schedule, reporting that the company had consented. The Board granted the motion and dismissed the appeal without prejudice. It did not reach the merits of the wage determination.

Decision snapshot

  • Cited authorities: Davis-Bacon Act, 40 U.S.C. § 3141; Board delegated authority, 29 C.F.R. § 26.1(b).
  • Outcome: Petition for review dismissed without prejudice by consent.
  • Key point: The petitioner's consent supported dismissal without a ruling on the wage determination.

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:

J. BECHER & ASSOCIATES, INC.,
ARB CASE NO. 16-034

PETITIONER,
DATE: March 22, 2016

Hamline Station,
Wage Decision No. MN140085 Mod 1,
Ramsey County, Minnesota.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

ORDER GRANTING ADMINISTRATOR’S MOTION TO DISMISS THE PETITION FOR REVIEW AND TO SUSPEND THE BRIEFING SCHEDULE

On March 15, 2016, the Administrator,Wage and Hour Division, United States Department of Labor filed Administrator’s Motion to Dismiss the Petition for Review and to Suspend the Briefing Schedule in this case arising under the labor standards provision of the Davis-Bacon Act, 40 U.S.C.A. § 3141-3148 (Thomson/West 2005 Supp.
2015) and its implementing regulations, 29 C.F.R. Part 7 (2015). The Administrator averred in the Motion that Petitioner J. Becher Associates has consented to dismissal of the appeal. Administrator’s Motion at 3.

Accordingly, as Petitioner has consented to the dismissal of its appeal, the Administrator’s motion is GRANTED, and the appeal is dismissed without prejudice.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Janet R. Dunlop
General Counsel

NOTE: Questions regarding any case pending before the Board should be directed to the Board’s Paralegal Specialists: Telephone: (202) 693-6200, Facsimile: (202) 693-6220

USDOL/OALJ REPORTER
PAGE 1

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