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USDOL/OALJ Reporter
ANET and WNET Contracts, ARB
No. 97-033 (ARBJan. 23, 1998)
U.S. Department of Labor
Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ORDER
Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 97-033
DATE: January 23, 1998
In the Matter of:
REVIEW AND RECONSIDERATION OF
WAGE RATES FOR CAPTAIN AND FIRST
OFFICER, WAGE DETERMINATION 95-0229
REV. 1, AS APPLIED TO UNITED STATES
POSTAL SERVICE'S ANET AND WNET
CONTRACTS FOR AIR TRANSPORTATION
OF EXPRESS MAIL
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
On July 25, 1997, the Administrative Review Board remanded this matter to the Wage and Hour Division to develop a full record and make a determination whether pilots and first officers flying freighter aircraft under a United States Postal Service contract are professional employees exempt from the provisions of the McNamara-O'Hara Service Contract Act of 1965, as amended, 41 U.S.C. §§ 351-358 (1988). One of the parties in this matter, individual employee captain Hal Winters has moved the Board for an order setting explicit time limits for the Wage and Hour Division to comply with the Board's remand order.
The motion is denied. If the Wage and Hour Division does not act on the Board's remand Order within a reasonable period of time, any party may seek an appropriate order from the Board under the regulations. 29 C.F.R. Part 8 (1997).
SO ORDERED.
DAVID A. O'BRIEN
Chair
KARL J. SANDSTROM
Member
