Management & Training Corp. v. Administrator, Wage and Hour Div., USDOL (agency decision, November 13, 2024)

Plain-English summary

Management & Training Corporation sought Board review of a Service Contract Act wage-determination decision issued by a Wage and Hour Division branch chief. The company and the Administrator jointly asked for dismissal because the branch chief's decision was not the Administrator's final decision. The Board held that 29 C.F.R. § 8.1(b) gives it jurisdiction over appeals from final decisions of the Administrator or an authorized representative, and no such decision existed here. It dismissed the petition without prejudice, allowing the company to seek a final agency decision and appeal later if desired.

Decision snapshot

• Cited authorities: 41 U.S.C. §§ 6701-6707; 29 C.F.R. § 8.1(b)
• Outcome: Petition dismissed without prejudice for lack of a final Administrator decision.
• Key point: The Board cannot review an SCA wage determination before the Administrator or an authorized representative issues a final decision.

Full text (DOL official public release)

    U.S. Department of Labor           Administrative Review Board
                                       200 Constitution Ave. NW
                                       Washington, DC 20210-0001



    IN THE MATTER OF:


    MANAGEMENT & TRAINING                           ARB CASE NO. 2025-0004
    CORPORATION,
                                                    DATE: November 13, 2024
                PETITIONER,

         v.

    ADMINISTRATOR, WAGE AND HOUR
    DIVISION, UNITED STATES
    DEPARTMENT OF LABOR,

                RESPONDENT.

Appearances:

For the Petitioner:
      Steven W. Suflas, Esq; Holland & Hart; Salt Lake City, Utah

For the Administrator, Wage and Hour Division:
      Seema Nanda, Esq.; Jennifer S. Brand, Esq.; Jonathan T. Rees, Esq.;
      and Steven W. Gardiner, Esq.; U.S. Department of Labor, Office of the
      Solicitor; Washington, District of Columbia

Before THOMPSON and ROLFE, Administrative Appeals Judges


    ORDER DISMISSING PETITION FOR REVIEW WITHOUT PREJUDICE

PER CURIAM:

       This case arises under the McNamara-O’Hara Service Contract Act of 1965,
as amended (SCA), and its implementing regulations.1 On October 8, 2024,
Petitioner Management & Training Corporation filed a Petition for Review with the

1       41 U.S.C. §§ 6701-6707; 29 C.F.R. Parts 4, 6, and 8 (2024).
                                              2


Administrative Review Board (Board) of a decision made by Miriam Marte, the
Branch Chief for the Branch of Service Contract Wage Determinations in the U.S.
Department of Labor’s Wage and Hour Division, issued on September 18, 2024. The
Board accepted the matter for review on October 24, 2024.

       On November 7, 2024, Petitioner and Respondent, the Administrator of the
U.S. Department of Labor’s Wage and Hour Division (Administrator), filed a Joint
Motion to Dismiss (Motion) requesting that the Board dismiss the appeal without
prejudice. In the Motion, the parties assert that the Board does not have
jurisdiction to hear this appeal at this time under 29 C.F.R. § 8.1(b), which provides
that “[t]he Board has jurisdiction to hear and decide in its discretion appeals
concerning questions of law and fact from final decisions of the Administrator of
the Wage and Hour Division or authorized representative . . . arising under the
Service Contract Act.”2 The Administrator represents that the Branch Chief’s
September 18, 2024 decision was not a “final decision” of the Administrator. The
parties also assert that, if the Board dismisses this appeal, Petitioner will have an
opportunity to seek a final decision from the Administrator and, if desired, appeal
that decision to the Board.

       Without a final decision from the Administrator as provided in 29 C.F.R.
§ 8.1(b), the Board lacks jurisdiction to render a decision in this matter.3
Accordingly, we DISMISS the Petition for Review without prejudice.

       SO ORDERED.

                                          ____________________________________
                                          ANGELA W. THOMPSON
                                          Administrative Appeals Judge


                                          ____________________________________
                                          JONATHAN ROLFE
                                          Administrative Appeals Judge



2      29 C.F.R. § 8.1(b) (emphasis added).
3      See Adm’r, Wage & Hour Div., U.S. Dep’t of Lab. v. KBR Servs, LLC, ARB No. 2023-
0021 (ARB Mar. 27, 2023) (dismissing petition for review without prejudice because
Administrator had not issued a final decision); Adm’r, Wage & Hour Div., U.S. Dep’t of Lab.
v. Kesco, Inc., ARB No. 2022-0031 (ARB July 13, 2022) (same).
                                      CERTIFICATE OF SERVICE



ARB-2025-0004 Management & Training v. Management & Training (Case No: )


I certify that the parties below were served this day.




         11/13/2024
     (DATE)                                                        Thomas O. Shepherd, Jr., Esq.
                                                                  Clerk of the Appellate Boards


Jennifer Brand, Esq.                                     Tara Gray, PMP
Division of Fair Labor Standards                         Contract Specialist
U.S. Department of Labor                                 U.S. Marshals Service
200 Constitution Avenue, N.W.                            Prisoner Operations Div.,CG-3, Suite 300
Washington, DC 20210                                     Washington, DC 20530-001
                                                                 --Certified

Jessica Looman, Esq.                                     Hon. Stephen R. Henley
Wage and Hour Division                                   Chief Administrative Law Judge
U.S. Department of Labor                                 Office of the Administrative Law Judges
200 Constitution Avenue, N.W.                            800 K Street, N.W., Suite 400
Washington, DC 20210                                     Washington, DC 20001-8002


Mr. Rick O'Quinn                                         Office of the Solicitor, Division of Fair Labor
Vice President at Large                                  Standards
International Union - SPFPA                              200 Constitution Ave, NW
4100 N. Wickham Road, Suite 170A #195                    Room N-2716
                                                         Washington, DC 20210
        --Certified                                              --Electronic


Shereen Demarais                                         U.S. Department of Labor, Office of Administrative
Contract Specialist                                      Law Judges
DHS, Immigration Customs Enforcement                     200 Constitution Avenue, N.W.
500 12th Street, S.W.                                    Room S-4325
Washington, DC 20024                                     Washington, DC 20210
       --Certified                                               --Electronic


Steven W. Suflas, Esq.
222 S. Main Street
Suite 2200
Salt Lake City, UT 84101
        --Electronic