City of Great Falls v. United States Department of Labor

This is a petition to review final action by the Secretary of Labor under the Comprehensive Employment and Training Act of 1973 (CETA), as revised by the Comprehensive Employment and Training Act Amendments of 1978 (CETA) ( 29 U.S.C. § 801 et seq.). Jurisdiction is vested in the United States Court of Appeals ( 29 U.S.C. § 817 ).

The facts were stipulated and are undisputed. The Governor’s Employment and Training Council of Montana (GETC), a “prime sponsor” operating and receiving moneys under CETA, sub-granted a portion of its allocation to Great Falls. In 1974, Parks was denied employment pursuant to an unwritten local anti-nepotism policy which precluded employment in the same city department of members of the same family. Upon Parks’ filing of a grievance with the prime sponsor under procedures established pursuant to 29 C.F.R. § 98.26 (1975), the hearing officer on June 9, 1978 determined the provision violated CETA regulations only because it was unwritten but found he did not have the authority to order reinstatement or payment of back wages. Thereafter, the executive officer of the prime sponsor confirmed the decision on the merits but ordered back pay. In April, 1979,…