White Glove Building Maintenance, Inc. v. Peter J. Brennan

518 F.2d 1271 22 Wage & Hour Cas. (BN 319, 77 Lab.Cas. P 33,253 WHITE GLOVE BUILDING MAINTENANCE, INC., a corporation, and Stewart Resnick, Plaintiffs-Appellants, v. Peter J. BRENNAN, individually and as Secretary of Labor of the United States of America, Defendant-Appellee. No. 73-2929. United States Court of Appeals, Ninth Circuit. May 29, 1975. Loren R. Rothschild, Los Angeles, Cal., for plaintiffs-appellants. William D. Keller, U. S. Atty., Philip S. Malinsky, Asst. U. S. Atty., Los Angeles, Cal., for defendant-appellee. OPINION Before ELY, TRASK and SNEED, Circuit Judges. TRASK, Circuit Judge: 1 The district court affirmed the Department of Labor's finding that appellants had failed to meet their burden of proof on a factual issue before the Department. Appellants seek reversal, contending that there is no substantial evidence in support of the Secretary's determination. 2 This case is before the court for the second time. In the first proceedings the Department of Labor found that appellants were liable to their employees for underpayments of pension and health and welfare fringe benefits that were required by the Service Contract Act of 1965, 41 U.S.C. § 351 et…