SECRETARY OF LABOR,

	

 

                      Complainant,

	

 

v.

	

Docket No. 02-1683

PARSONS CONTRACTING, INC.,

	

 

                      Respondent.

	

 


 

/DECISION AND ORDER ON DEFAULT JUDGEMENT/


           On October 24 and November 6, 2002, orders notified all
parties including the Respondent, Parsons Contracting, Inc., of a
pre-trial telephone conference to be held on Tuesday, November 12, 2002
at 10:15 a.m. EST. The Respondent failed in his responsibility to be
available for the pre-trial telephone conference. 

            Thereafter, the undersigned issued an order requiring the
Respondent to provide in affidavit form a statement as to reason(s) the
Respondent should not be declared to be in default and the petition for
modification of the abatement date be granted. 

            On November 18, 2002, the Respondent filed his affidavit
stating that there was some confusion as to the posture of this
proceeding, and it was unclear if the telephone conference would be
held. As the Respondent provided the undersigned with good cause, the
Respondent was not found to be in default.

            On December 19, 2002, with the concurrence of counsel for
the Complainant and the Respondent, a telephone pre-trial conference was
scheduled for January 13, 2003 at 9:00 a.m.EST.

The Respondent was unavailable for the pre-trial telephone conference,
and the Respondent failed to notify the undersigned of its
unavailability. Thus, the Respondent failed in its responsibility to be
available for the pre-trial telephone conference.

           On January 14, 2003, the undersigned issued his Order To Show
Cause. The Order required the Respondent to provide the Court in
affidavit form a statement as to reason(s) the Respondent should not be
found in default.

           The Respondent did not file a reply.






                                 /       DISCUSSION AND CONCLUSION/



           The Respondent has failed to comply with the Order To Show
Cause./          /

           IT IS ORDERED that Default Judgement is GRANTED.

           IT IS FURTHER ORDERED that the Citation and Notification of
Penalty

issued May 20, 2002, is affirmed in its entirety.





           



Dated: January 27, 2003 /s/

           Washington, D.C.                           G. Marvin Bober

                                                                         Administrative
Law Judge