[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8583]
[[Page Unknown]]
[Federal Register: April 11, 1994]
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DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
Blaine Construction Co., Inc.; Debarment
AGENCY: Office of Federal Contract Compliance Programs, Labor.
ACTION: Notice of Debarment, Blaine Construction Company, Inc.
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SUMMARY: This notice advises of the debarment of Blaine Construction
Company, Inc. (hereafter ``Blaine''), as an eligible bidder on
Government contracts and subcontracts and federally assisted
construction contracts and subcontracts. The debarment is effective
immediately.
FOR FURTHER INFORMATION CONTACT:
Annie Blackwell, Director Program Policy, Office of Federal Contract
Compliance Programs, U.S. Department of Labor, 200 Constitution Ave.,
NW., room C-3325, Washington, DC 20210, (202-219-9430).
SUPPLEMENTARY INFORMATION: On March 9, 1994, pursuant to 41 CFR 60-
30.32(c), the Administrative Law Judge issued a Decision and Order: (1)
Finding Blaine in violation of Executive Order 11246, as amended,
section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
793), and the Vietnam Era Veterans' Readjustment Assistance Act of
1974, as amended (38 U.S.C. 2012), and their respective implementing
regulations; (2) cancelling all Federal contracts and subcontracts and
all federally assisted construction contracts and subcontracts of
Blaine, and of its officers, (including Bruce T. Blaine, Ken Thompson,
and R. Kirk Blosch), agents, servants, employees, direct or beneficial
owners, divisions or subsidiaries, and those persons in active concert
or participation with them who receive actual notice of the order by
personal service or otherwise; declaring Blaine ineligible for
extensions or other modifications of any existing Government contracts
or subcontracts; and declaring Blaine and its successors, officers,
agents, servants, employees, direct or beneficial owners, divisions or
subsidiaries, and those persons in active concert or participation with
them who receive actual notice of the order by personal service or
otherwise ineligible for the award of any Government contracts or
subcontracts for at least 180 days and thereafter, until Blaine
satisfies the Deputy Assistant Secretary for Federal Contract
Compliance Programs that is in compliance with Executive Order 11246,
as amended, section 503 of the Rehabilitation Act and the Vietnam Era
Veterans' Readjustment Assistance Act. A copy of the Decision and Order
is attached.
Signed April 1, 1994, Washington, DC.
Shirley J. Wilcher,
Deputy Assistant Secretary for Federal Contract Compliance Programs.
In the matter of United States Department of Labor, Office of
Federal Contract Compliance Programs, Plaintiff v. Blaine
Construction Company, Inc., Defendant. Case No: 94-OFC-4.
Decision and Order
By Motion received February 2, 1994 the Solicitor moved for Default
Judgment and for Sanctions against defendant Blaine Construction
Company, Inc., (BCC) for failure of BCC to request a hearing or to
respond to the Complaint and Requests For Admission, or to file an
Answer to the Amended Compliant.
February 16, 1994 I issued an ORDER TO SHOW CAUSE, ordering BCC to
show good cause, by March 4, 1994 why the Motions of the Solicitor
should not be granted.
No response has been received to the ORDER TO SHOW CAUSE.
Accordingly, the motions of the Solicitor are granted, and default
judgment is hereby entered.
The Plaintiff's Proposed Findings of Fact and Conclusions of Law
are attached hereto, made a part of this ORDER, and are approved.
It is so Ordered.
Edward C. Burch,
Administrative Law Judge.
Service Sheet
Case Name: U.S. Dept. of Labor v. Blaine Construction Co. Inc.
Case No.: 94-OFC-4.
Title of Document: Decision and Order.
A copy of the above document was sent to the following:
Thomas S. Williamson, Jr., Office of the Solicitor, U.S. Department
of Labor, Room N-2464, 200 Constitution Ave. NW., Washington, DC
20210, Attn: L. Denise Galambos
Blaine Construction Co. Inc., 2180 South 2700 West Salt Lake City,
UT 84119
Division of Civil Rights, Office of the Solicitor, U.S. Dept. of
Labor, Room N-2464, 200 Constitution Ave. NW., Washington, DC 20210
Attn: Counsel for Litigation
Tedrick A. Housh, Jr., Regional Solicitor, U.S. Department of Labor,
2106 Federal Office Bldg., 911 Walnut Street, Kansas City, MO 64106
Solicitor of Labor, O/Solicitor--USDOL, Room S-2002, 200
Constitution Ave. NW., Washington, DC 20210
Director, Office of Administrative Appeals, U.S. Department of
Labor, Room S-4309, 200 Constitution Ave. NW., Washington, DC 20210
Special Counsel to the Assist. Secretary of Labor, U.S. Department
of Labor, Employment & Training Admin., Room N-4671, 200
Constitution Ave. NW., Washington, DC 20210
Office of Federal Contract Compliance Programs, U.S. Department of
Labor, Room C-3325, 200 Constitution Ave. NW., Washington, DC 20210.
Dated: March 9, 1994.
Mae Wong.
United States Department of Labor Office of Administrative Law
Judges
In the matter of: United States Department of Labor, Office of
Federal Contract Compliance Programs, Plaintiff, v. Blaine
Construction Company, Inc., Defendant. Case No. 94-OFC-4.
Plaintiff's Proposed Findings of Fact and Conclusions of Law\1\
1. Findings of Fact
1. Blaine Construction Company, Inc. (``BCC'') is a general
construction contractor specializing in cement mason work. Defendant's
principal place of business is in Salt Lake City, Utah.
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\1\All the statements contained in this document have been drawn
from the Amended Administrative Complaint and OFCCP's Requests for
Admission. Because BCC never answered those requests, they should be
deemed admitted.
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2. From at least February 1992, through March 1993, Defendant has
held a Federal or federally assisted construction contract of $10,000
or more.
3. On or about January 15, 1992, Bruce T. Blaine, President of BCC,
received a letter from OFCCP notifying him that his company would be
subject to compliance review.
4. On March 10, 1992, OFCCP commenced a compliance review of
Defendant. The review period covered September 1991 through February
1992.
5. On March 20, 1992, OFCCP issued and hand delivered to BCC a
Notice of Violation indicating its finding that Defendant was not in
compliance with the requirements of Executive Order 11246, section 503,
and VEVRA.
6. On March 24, 1992, OFCCP and Defendant entered into a
Conciliation Agreement resolving the deficiencies identified during the
compliance review.
7. Defendant agreed in the Conciliation Agreement to provide OFCCP
with two personnel activity reports. The reports were to include
information on the number of vacancies, the number of contacts with
recruitment sources made to fill those vacancies, the number of
applications received, the number of hires, and the number of regular
and overtime hours worked by Defendant's employees. This information
was to be broken down by craft and Defendant agreed to provide specific
information on the number of women hired and the number of regular and
overtime hours worked by women.
8. The Conciliation Agreement was to remain in full force and
effect until OFCCP determined that Defendant had submitted two
acceptable reports as defined by the Agreement.
9. The first personnel activity summary report was due on September
15, 1992, and was intended to cover the period of March 1, 1992,
through August 31, 1992.
10. Defendant did not file a personnel report on September 15,
1992.
11. On September 16, 1992, Ken Thompson, Vice President of BCC,
contacted OFCCP and stated that he did not know that a personnel
activity report was required. Mr. Thompson told OFCCP that he would
work with the controller of BCC to complete the report and that he
would address the issue immediately.
12. On or about September 18, 1992, BCC received a letter from
Joseph Gallegos, District Director of OFCCP, requesting that the
personnel activity report, which was due on September 15, 1993, be
forwarded within five days.
13. On September 24, 1992, BCC still had not provided OFCCP with a
personnel activity report and did not return a phone call from OFCCP's
investigator.
14. On September 25, 1992, BCC failed to return a phone call from
the OFCCP investigator inquiring about the report.
15. By letter dated October 6, 1992, OFCCP notified Defendant that
it was in violation of the Conciliation Agreement for failure to file a
report. OFCCP provided Defendant 15 days in which to respond.
16. BCC received OFCCP's letter on or about October 12, 1992.
17. Defendant failed to demonstrate in writing that it had not
violated the Conciliation Agreement.
18. On October 14, 1992, the Vice President of BCC called OFCCP and
stated that OFCCP would have the personnel activity report by November
2, 1992.
19. BCC failed to provide OFCCP with a personnel activity report on
November 2, 1992.
20. On November 6, 1992, the Vice President of BCC assured the
District Director of OFCCP that he would have BCC's report by no later
than 3:30 p.m. on November 9, 1992.
21. BCC failed to provide OFCCP with the personnel report on
November 9, 1992.
22. On November 10, 1992, the Vice President of BCC spoke to the
District Director of OFCCP and stated that the report would be
delivered that day.
23. BCC failed to deliver a report to OFCCP on November 10, 1992.
24. Defendant has never filed with OFCCP the personnel activity
report originally due on September 15, 1992.
25. Under the terms of the Conciliation Agreement, the second
personnel activity summary report was due on March 15, 1993, and was to
cover the period of September 1, 1992, through February 28, 1993.
26. Defendant failed to file a report on March 15, 1993.
27. Defendant agreed in the Conciliation Agreement to notify
employment and recruitment organizations when job vacancies arose.
Those organizations included the Turning Point Program and the Utah
State Job Service.
28. BCC has failed to notify those employment and recruitment
organizations of any job vacancies since signing the Conciliation
Agreement on March 24, 1992.
2. Conclusions of Law
1. The Office of Administrative Law Judges has jurisdiction over
this matter pursuant to sections 201, 208, and 209 of Executive Order
11246, and 41 CFR 60-1.26 and 41 CFR part 60-30 of the Secretary of
Labor's implementing regulations. This Court is empowered to issue a
final order determining whether BCC is in current violation of its
contractual obligations under the Order and its implementing
regulations and to recommend appropriate remedies and sanctions. 41 CFR
60-30.32(c)
2. Defendant is a Government contractor, subcontractor or Federally
assisted construction contractor within the meaning of the Executive
Order, Section 503 and VEVRA. At all material times BCC has been
subject to the contractual obligations imposed on Government
contractors and subcontractors by the Executive Order, section 503,
VEVRA and the implementing regulations issued thereunder.
3. At all times pertinent hereto, Defendant has been required to
abide by the affirmative action requirements set forth in 41 CFR part
60-4.
4. Defendant breached its obligations under the Conciliation
Agreement entered into on March 24, 1992.
5. The actions described in paragraphs 1 to 28 supra violate
Executive Order 11246, Section 503, VEVRA and the regulations
promulgated thereunder.
6. The Executive Order, and its implementing regulations authorize
sanctions, including contract cancellation and debarment. See, section
209 of the Executive Order and 41 CFR 60-250.28 and 41 CFR 741.28.
7. Sanctions are appropriate when a contractor has failed to abide
by the terms of conciliation agreement, and is in violation of the
Executive Order.
8. For these reasons, I order that all of BCC's Federal contracts
and subcontracts immediately be canceled and that BCC, its officers,
agents, subsidiaries, and successors, be declared ineligible to receive
any Government contracts or subcontracts or for extensions or other
modifications of any existing Government contracts or subcontracts, for
a period of at least 180 days, and thereafter until BCC has
demonstrated to the Director of OFCCP that it has established and will
carry out employment practices in compliance with the Executive Order,
Section 503 and VEVRA.
OFCCP requests that these proposed Findings of Fact and Conclusions
of Law be adopted by the Administrative Law Judge.
Respectfully Submitted,
Thomas S. Williamson, Jr.,
Solicitor of Labor.
James D. Henry,
Associate Solicitor.
Debra A. Millenson,
Senior Trial Attorney.
L. Denise Galambos,
Attorney.
U.S. Department of Labor, Office of the Solicitor, Division of Civil
Rights, 200 Constitution Ave., NW., Room N-2464, Washington, DC
20210, (202) 219-8000.
Attorneys for Plaintiff.
[FR Doc. 94-8583 Filed 4-8-94; 8:45 am]
BILLING CODE 4510-27-M
