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NATIONWIDE BLDG. MAINTENANCE, INC. v. REICH

No. 92-3905.

14 F.3d 1102 (1994)

NATIONWIDE BUILDING MAINTENANCE, INC.; Ohio Building Service and Maintenance, Inc.; William W. Johnson, Plaintiffs-Appellants, v. Robert B. REICH, Secretary of Labor, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 21, 1994.

Attorney(s) appearing for the Case

William W. Johnson, pro se.

Daniel P. Jones, Columbus, OH, for William W. Johnson.

Felix C. Wade (briefed), Schottenstein, Zox & Dunn, Columbus, OH, for William W. Johnson, Ohio Bldg. Service & Maintenance, Inc., Nationwide Bldg. Maintenance Inc.

Allen H. Feldman, Judith D. Heimlich (briefed), U.S. Dept. of Labor, Washington, DC, for Robert Reich, Dennis E. Whitfield, Charles A. Bowsher, Paula V. Smith.

Before: BOGGS and SUHRHEINRICH, Circuit Judges; and BROWN, Senior Circuit Judge.

BOGGS, Circuit Judge.

This appeal raises the question of whether a federal agency's extended delay in implementing one part of its own published regulations can ultimately prevent it from enforcing other aspects of those regulations. The Secretary of Labor published a regulation stating that she "shall establish a Board of Service Contract Appeals," but she did not form that board for more than eight years. During that interim period, the Deputy Secretary of Labor...

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