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United Government Security Officers of America, International Union v. Chao et al

MOTION to Dismiss for Lack of Jurisdiction

12 Cited authorities

  1. Danielsen v. Burnside-Ott Av. Training Ctr.

    941 F.2d 1220 (D.C. Cir. 1991)   Cited 126 times
    Holding that the statutory scheme of the SCA "leaves no room" for a civil action under the Racketeer Influenced and Corrupt Organizations Act ("RICO") and a claim "couched under" RICO is preempted

  2. Misc. Service Wkrs., Etc. v. Philco-Ford Corp.

    661 F.2d 776 (9th Cir. 1981)   Cited 135 times
    Holding that Rule 9(b) requires a pleader to set forth the “time, place and specific content of the false representations as well as the identities of the parties to the misrepresentation”

  3. Cartier v. Secretary of State

    506 F.2d 191 (D.C. Cir. 1974)   Cited 66 times
    Noting that the "exercise of the power of mandamus is a matter committed to the sound discretion of the [trial] court"

  4. District Lodge No. 166, International Ass'n of Machinists v. TWA Services, Inc.

    731 F.2d 711 (11th Cir. 1984)   Cited 32 times
    Finding no private right of action in the Service Contract Act because in part "`it would be flatly inconsistent with the express provision of a limited governmental cause of action to imply a wide-ranging private right of action as an alternative to a governmental suit'"

  5. Danielsen v. Dole

    746 F. Supp. 160 (D.D.C. 1990)   Cited 3 times

    Civ. A. No. 89-3143. August 28, 1990. Charles Edward Raley, James Scott Phillips, Michael Robert Hatcher, Israel Raley, Chartered, Washington, D.C., for plaintiffs. Susan Ann Nellor, Asst. U.S. Atty., Washington, D.C., for Government. MEMORANDUM OPINION SPORKIN, District Judge. This case involves the application of the McNamara-O'Hara Service Contract Act, as amended, 41 U.S.C. § 351 et seq., to five United States Department of Navy ("Navy") service contracts awarded variously to the Burnside-Ott

  6. Int'l Ass'n of Mach. Aero. Wkrs. v. Hodgson

    515 F.2d 373 (D.C. Cir. 1975)   Cited 12 times
    In International Association of Machinists Aerospace Workers v. Hodgson, 515 F.2d 373 (D.C. Cir. 1975), a union brought an action challenging the decision of the Secretary not to issue wage determinations for a particular project pursuant to the SCA and seeking to recover damages from a contractor which had entered a contract with the National Aeronautics and Space Administration without such a wage determination.

  7. Carman v. Richardson

    357 F. Supp. 1148 (D. Vt. 1973)   Cited 5 times
    Finding that section 1361 clearly does not apply to a private entity

  8. Section 1361 - Action to compel an officer of the United States to perform his duty

    28 U.S.C. § 1361   Cited 6,615 times   4 Legal Analyses
    Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"

  9. Section 4.163 - Section 4(c) of the Act

    29 C.F.R. § 4.163   Cited 16 times   1 Legal Analyses
    Stating that a contractor can also become a successor to itself, such as when it, like LSI, performs an additional term pursuant to an option exercised by the government

  10. Section 4.3 - Wage determinations

    29 C.F.R. § 4.3   Cited 4 times

    (a) The minimum monetary wages and fringe benefits for service employees which the Act requires to be specified in contracts and bid solicitations subject to section 2(a) thereof will be set forth in wage determinations issued by the Administrator. Wage determinations shall be issued as soon as administratively feasible for all contracts subject to section 2(a) of the Act, and will be issued for all contracts entered into under which more than 5 service employees are to be employed. (b) As described

  11. Section 52.222-43 - Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)

    48 C.F.R. §§ 52.222-43   Cited 4 times
    Requiring "increase . . . in applicable . . . fringe benefits . . ."

  12. Section 22.1007 - Requirement to obtain wage determinations

    48 C.F.R. § 22.1007

    The contracting officer shall obtain wage determinations for the following service contracts: (a) Each new solicitation and contract in excess of $2,500. (b) Each contract modification which brings the contract above $2,500 and- (1) Extends the existing contract pursuant to an option clause or otherwise; or (2) Changes the scope of the contract whereby labor requirements are affected significantly. (c) Each multiple year contract in excess of $2,500 upon- (1) Annual anniversary date if the contract