San Diego Regional Employment and Training Consortium (Retc) v. U.S. Department of Labor, Bruce Lee Caukin, Real Party in Interest

The Secretary of Labor (Secretary) issued a final decision and order holding San Diego Regional Employment and Training Consortium (RETC) and its subgrantee, City of Chula Vista (Chula Vista), jointly and severally liable to hold a civil service hearing and to implement its decision, in the matter of Chula Vista’s termination of Bruce Lee Caukin (Caukin), an employee of Chula Vista under the Comprehensive Employment and Training Act of 1973 (CETA). The Secretary’s order also imposes sanctions against either RETC or Chula Vista in the event of non-compliance with the order.

RETC petitions this court for review of those portions of the Secretary’s order imposing liability and conditional sanctions upon RETC.

RETC presents three arguments on appeal: first, that it cannot be held jointly and severally liable for the violation by its subgrantee; second, that it was provided with no separate notice or hearing on its liability or the conditional sanctions imposed by the order; and third, that it is incapable to provide the hearing and implementation ordered by the Secretary.

For the reasons discussed below, we affirm the Secretary’s order in part, and remand to the Secretary for…