Ezel / Agency Decisions / ARB 2018-0011

The Village at Rosy Mound (Board decision, February 9, 2018)

The Village at Rosy Mound (DOL ARB 2018-0011): Premature wage appeal dismissed without prejudice

Decision type
Board decision
Docket
ARB 2018-0011
Decided
February 9, 2018
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-11-05
Official source
Read the official release (dol.gov)
PDF
View Official PDF

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This is citable Board precedent from 2018, 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 2018
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
The Board dismissed Reenders's petition without prejudice because the Wage and Hour Division had not issued a final ruling. The underlying wage matter remained open for that ruling.
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.
Transcribed from a scanned original: DOL ARB released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (dol.gov)

Plain-English summary

Reenders, Inc. petitioned the Board for review in a matter involving the Village at Rosy Mound and the Davis-Bacon and Related Acts. The Wage and Hour Division had not yet issued a final ruling, which the order says is required before Board review. The Division's administrator and Reenders agreed that the petition should be dismissed for that reason. The Board dismissed it without prejudice and said Reenders could file a timely petition after the Division's final decision if an appeal was still needed.

Decision snapshot

  • Cited authority: The Davis-Bacon and Related Acts and their implementing regulations, as described in the order.
  • Outcome: Reenders's petition dismissed without prejudice before a final Wage and Hour Division ruling.
  • Key point: The Board could not review the matter until the Wage and Hour Division had issued its final decision.

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:

THE VILLAGE AT ROSY MOUND ARB CASE NO. 18-011
MSHDA #3758

GRAND HAVEN CHARTER TOWNSHIP- DATE: FEB 9 2018

OTTAWA COUNTY.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

ORDER GRANTING DISMISSAL

On January 19, 2018, the Administrator, Wage and Hour Division, United States Department of Labor informed the Administrative Review Board that the Administrator and Respondent Reenders, Inc., had agreed that Reenders’s Petition for Review in this case should be dismissed on the grounds that the Wage and Hour Division had not yet issued a final ruling in this matter—a prerequisite to ARB review under the Davis-Bacon and Related Acts and implementing regulations.

Accordingly, in accordance with the parties’ agreement, the ARB DISMISSES this petition WITHOUT PREJUDICE and therefore, with the understanding that Respondent Reenders may file a timely petition for review of Wage and Hour’s final decision, should it believe such appeal to be necessary.

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

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