Office of Federal Contract Compliance Programs, United States Department of Labor v. Google, Inc. (agency decision, July 29, 2019)

Plain-English summary

An ALJ denied an Office of Federal Contract Compliance Programs request that Google provide certain information. OFCCP appealed but later voluntarily dismissed the appeal, and the Board rejected a later request to clarify that dismissal. Both parties then jointly asked for a final order because the matter had not been handled as an expedited proceeding. The Board granted that request, vacated its prior clarification order, and made the ALJ's recommended decision operative with its time periods running from the new order. It limited the final order to the allegations and findings in that administrative complaint and did not bar future proceedings over other alleged violations.

Decision snapshot

• Cited authority: 41 C.F.R. § 60-30.30
• Outcome: Joint motion granted; prior clarification order vacated; parties directed to comply with the ALJ's recommended decision.
• Key point: The final order was confined to the specific complaint and did not preclude OFCCP from pursuing different alleged conduct later.

Full text (DOL official public release)

U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210

  In the Matter of:

  OFFICE OF FEDERAL CONTRACT                             ARB CASE NO. 2017-0059
  COMPLIANCE PROGRAMS, UNITED
  STATES DEPARTMENT OF LABOR,                            ALJ CASE NO. 2017-OFC-00004

         PLAINTIFF,                                      DATE: July 29, 2019

         v.

  GOOGLE, INC.,

         DEFENDANT.


                        FINAL ADMINISTRATIVE ORDER

        On July 14, 2017, a Department of Labor Administrative Law Judge (ALJ)
  issued a Recommended Decision and Order denying the request by the Department
  of Labor’s Office of Federal Contract Compliance Programs (OFCCP) that
  Defendant Google, Inc., provide certain types of information to OFCCP. OFCCP
  appealed the ALJ’s ruling to this Board.

         On January 30, 2019, OFCCP filed a Motion for Voluntary Dismissal of its
  Appeal. The Board granted the Motion and dismissed the appeal on February 1,
  2019. On May 16, 2019 OFFCP filed a document styled “Request to Clarify This
  Court’s February 1, 2019 Order Granting Plaintiff’s Motion to Dismiss Appeal”
  (hereinafter “Request”). The Board declined to “clarify” its previous Order or
  otherwise grant the relief requested by this tardy request for reconsideration in an
  Order dated June 11, 2019. On July 23, 2019, the Board received a document styled,
  “Joint Motion for the Issuance of a Final Order,” in which the parties agreed that





  this matter was not adjudicated below as an expedited proceeding and requested
  the Board issue a final order as provided by 41 C.F.R. § 60-30.30.

         In light of the joint nature of this Motion and the absence of exceptions to the
  ALJ decision below from either party, the Board hereby GRANTS the Joint Motion
  for the Issuance of a Final Order and VACATES its previous Order in this matter,
  dated June 11, 2019. The parties will comply with the terms of the Recommended
  Decision and Order issued by the ALJ in this matter on July 14, 2017, 1 with the
  time periods set out in the Recommended Decision and Order to run from the date
  of issuance of this Order.

         SO ORDERED.




                                           William T. Barto
                                           Chief Administrative Appeals Judge




  1      This Final Administrative Order applies only to the matters alleged in the
  Administrative Complaint at issue below and the specific findings and conclusions entered
  by the ALJ in his Recommended Decision and Order. It is not intended to extend to or bar
  further proceedings concerning acts or practices by Defendant that may be alleged by
  OFCCP to violate Executive Order 11246, any applicable regulations, or Defendant’s
  contractual obligations.