department of labor: ealj0326

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U.S. Department of Labor

. . . . . . . . . . . . . . . . . . . . . . . . . .

In the Matter of

DEPARTMENT OF LABOR

v.

COMMUNITY RELATIONS-SOCIALDEVELOPMENT COMMISSION

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ORDER

On September 28, 1984

Office of Administrative Law Judges1111 20th Street, N.W.Washington, D.C. 20036

.

. Case No. 840JTP-18

DISMISSING APPEAL

the Community Relations-Social_ .

Development Commission, hereafter CR-SDC, filed an "appeal" from"final determination"

Eeen made.of the Grant Officer which had not yet

The reason for this highly unusual step was the pro-

vision of the Job Training Partnership Act which repealed theComprehensive Employment and Training Act and in so doing barredany administrative proceeding not commenced prior to September3 0 , 1984. It is clear, however, that the filing of an appeal toa Grant Officer is the commencement of an administrative pro-ceeding and that there is no basis for CR-SDC's presumption that"administrative proceeding" refers only to proceedings before theOffice of Administrative Law Judges. The attached letter fromSteven M. Singer, Regional Administrator for the Employment andTraining Administrative, dated October 3, 1984 takes the sameposition as underlies this Order: namely, that an appeal to aGrant Officer filed before September 30, 1984 is the"commencement of an administrative proceedings." The

Administrator would be estopped from asserting the contrary inthis proceeding and in the event that any such attempt might besuccessful, this Order of Dismissal is hereby declared to bewithout prejudice.

In passing I will not that there never has been and maynever be a decision of the Grant Officer in this case which couldbe the subject of a proper proceeding before this Office sincehis proposals in the attachment to this Order may result in reso-lution of this matter without his decision.

ORDER :

The appeal of the Community Relations-Social DevelopmentCommission in this case is hereby dismissed. ,'

- It is noted that this case should have been designated as aCETA case and not a JTP case.

.

Attachments

Dated:

Washington, D.C.



CERTIFICATE OF SERVICE

Case Name: DOL v. Community Relations-Social DevelopmentCommission

Case No.: 84-JTP-18

Title of Document: Order Dismissing Appeal

I certify that the above-mentioned document was mailed to thefollowing parties:

-GzAL Ge+y%n_‘i;egal Technician

James L. Feldesman, Esq. Mary J. Mountin, EsquireBoasberg, Klores, Feldesman Milwaukee County

6 Tucker 700 West Michigan Street2101 L Street, N.W. Suite 200Washington, D.C. 20037 Milwaukee, Wisconsin 53233

Barbara J. CarrollActing ChiefDiv. of Audit, Closeout 6

Appeals ResolutionU.S. Department of Labor601 D Street, N.W., Rm. 5106Washington, D.C. 20213

Melvin J. HowardGrant OfficerFederal Office Building230 South Dearborn Street

Chicago, IL 60604

John H. SecarasRegional SolicitorFederal Office Building230 South Dearborn Street8th FloorChicago, IL 60604

Steven M. SingerRegional AdministratorU.S. Dept. of Labor/ETA230 South Dearborn StreetChicago, IL 60604

David 0. WilliamsOffice of the Special CounselU.S. Department of Labor/ETA601 D Street, N.W., Rm. 5100Washington, D.C. 20213

William F. O'DonnellExecutive Office for

Economic Resource Development700 West Michigan StreetSuite 200Milwaukee, Wisconsin 53233

Donald SykesExecutive DirectorCommunity Relations-SocialDevelopment Commission

161 West Wisconsin AvenueSuite 7156Milwaukee, Wisconsin 53203



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t

. U.S. Department of Labor8Employment and Training Administration230 South Dearborn StreetChicago, Illinois 60604

i r

Reply to the Attention of: 5 TGE-F

i

Honorable Nahum LittChief Administrative Law JudgeU.S. Department of LaborVanguard Building, Room 7001111 20th Street, N.W.Washington, D.C. 20036

,,

Dear Judge Litt:

An appeal was submitted to your office dated September 28, 1984 onbehalf of the Community Relations - Social Development Commission(CR-SDC) of Milwaukee, Wisconsin. The'appeal was submitted byMr. James L. Feldesman who is representing CR-SDC.

It was indicated in the appeal letter that a final determinationhad not yet been received from the Grant Officer. The appeal wasfiled due to Mr. Feldesman's opinion that Section 181(e) of theJob Training Partnership Act (JTPA) had the effect of barring anyCETA related administrative proceeding which was not commencedprior to October 1, 1984.

Mr. Feldesman's appeal to your office appears to be an unnecessary

precaution as the appeal to the Grant Officer was receivedSeptember 18, 1984. The enclosure is the Grant Officer's responseto that appeal. The response summarize the issues and outlines acourse of action for informal resolution inasmuch as thereappeared to be no substantive disagreement between CR-SDC and theMilwaukee County prime sponsor.

In summary, at this time we do not expect to be involved inresolution of this matter as a complaint between CR-SDC and theMilwaukee County CETA prime sponsor. As our correspondence(attached) indicates, the problem here appears simply to be atechnical one involving late billing. :

Enclosure (1)



4.

,

Region II CETA Letter No. 83-11 (B/31/83),Q&A-l4 and Change #3 (t/5/83),

1 Q&A-37.

It is ou r recommendation that you discuss this matter furthttrwith the Mlwaulcee County Prime Sponsor to determine ff reao-lution can be reached through a late billing traneaction. Wewill not begin procsmoing a formal appeal until this avenueim explored.

Any questions you have on thir matter snay be d i rected toMr. Jim Kinney at (312)353-1827.

Sincerely,

MELVIN J. HOWARDGrant Officer

cc: Milwaukee County

5 TGBF-CC R. WANBACH :ss 9 - 2 4 - 8 4

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