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Department of Labor: 1986 00001

Department of Labor: 1986 00001

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Published by: Department of Labor on Jan 28, 2008
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U.S. Department of Labor 
Office of Administrative Law JudgesWashington, DC
UNITED STATES DEPARTMENT OF LABOROFFICE OF ADMINISTRATIVE LAW JUDGES-------------------------------In the Matter of:::CASE NO. 86-TAE-1FAIRVIEW ORCHARDS ASSOCIATES:-------------------------------ORDERUpon consideration of the parties' Stipulation of Dismissal,the representations contained therein, and the requirements ofthe public interest, it is hereby ORDERED that the Decision andOrder previously entered on June 9, 1986, is vacated and that theabove-captioned matter is dismissed with prejudice pursuant to 29C.F.R. §18.39(b), each party to bear its own fees and expenses.It is further ORDERED that Fairview's appeal and the Decision ofthe Regional Administrator dated September 30, 1985, arewithdrawn pursuant to the terms of the Stipulation of theparties.Dated: 8/1/86AARON SILVERMANAdministrative Law Judge
UNITED STATES DEPARTMENT OF LABOROFFICE OF ADMINISTRATIVE LAW JUDGES-------------------------------In the Matter of::::CASE NO. 86-TAE-1FAIRVIEW ORCHARDS ASSOCIATES :-------------------------------STIPULATION OF DISMISSALThe Regional Administrator (hereinafter RA), by counsel, andFairview Orchards Associates (hereinafter Fairview), by counsel,in full resolution of the above-captioned matter, herebystipulate and agree as follows:1. By Decision issued September 30, 1985, the RA ruledFairview ineligible to apply for a temporary labor certificationin the coming year pursuant to 20 C.F.R. §655.210 of thetemporary foreign labor certification regulations. The ruling wasbased on the RA's finding that Fairview violated the terms of itstemporary labor certification assurances and the terms of its joboffer by not hiring William Scrivens and his crew who were deemedqualified U.S. workers who had applied to Fairview pursuant to areferral by the Maryland State Employment Service in 1983, beforefifty percent of the contract period had elapsed pursuant to 20C.F.R. §655.203(e), and by not offering housing to Scrivens andhis crew pursuant to 20 C.F.R. §655.202(b)(l).2. Pursuant to Fairview's appeal of the RA's Decision andrequest for a hearing, this matter was referred to the Departmentof Labor Office of Administrative Law Judges by Order ofReference dated December 12, 1985. By Decision and Order enteredJune 9, 1986, the Administrative Law Judge affirmed the RA'sdecision of September 30, 1985.3. On June 18, 1986, Fairview moved to Withdraw and SetAside the Decision and Order entered June 9, 1986. By letterdated July 7, 1986, counsel for the RA advised that theDepartment of Labor and Fairview had agreed to a settlement oftheir disputes, including the above-captioned matter.Accordingly, counsel for the RA advised the Department had noobjection to vacating the Decision and Order in this matterentered June 9, 1986.4. Pursuant to the aforementioned settlement, Fairview,interalia, has provided assurances it has fully resolved all

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