Richard L. Barron Linda M. Barron v. Robert Reich Department of Labor Robert Kelley

Richard L. Barron and Linda M. Barron, husband and wife, sought a writ of mandamus compelling the Secretary of Labor and the Secretary of Agriculture to bring an additional enforcement action against the Bar-rons’ employer under the McNamara-O’Hara Service Contract Act, 41 U.S.C. §§ 351 et seq. (SCA). The Barrons alleged that their employer had withheld overtime and holiday pay in violation of the SCA. The district court dismissed the action for failure to state a claim. The Barrons argue on appeal that the district court erred both substantively— because they stated a claim under the Mandamus and Venue Act of 1968, 28 U.S.C. § 1361 — and proeedurally — because the court improperly considered materials outside of the pleadings. We affirm in both respects.

BACKGROUND

1. Factual and Procedural

In their complaint, the Barrons state that from 1985 until 1988, they both worked for Tridair Helicopters, Inc. under service contracts Tridair had entered into with the United States Department of Agriculture, Forest Service. The Barrons allege, and appellees do not dispute, that these contracts were covered by the SCA. The Barrons further assert that under the SCA Tridair was required to…