BALCA Upholds Denial Based on Procedural Grounds

2018-10-25T14:53:19+00:00Oct 25, 2018|

BALCA found that when an employer requests review by BALCA, rather than filing a MTR, BALCA is only bound to consider information before the CO upon denial and the employer is prevented from supplementing the record with information. (Matter of University of California-Berkeley, 8/30/18)  Read BALCA decision(PDF).

BALCA Upholds Denial Based on Newspaper Ads with Multiple Openings

2018-09-28T16:39:38+00:00Sep 28, 2018|

BALCA found that while a single ad may be used for more than one position, it does not sufficiently apprise U.S. workers of an opportunity if it does not include the position’s title and includes a careless summary of duties and requirements. (Matter of Igate Global Solutions, 8/30/18). Read BALCA decision(PDF).

BALCA Remands Section K Cases for Certification, Dismisses Appeals

2018-03-07T15:49:33+00:00Jan 25, 2016|

After denial solely for failing to list non-experience based qualifications in Section K, BALCA ordered the matter remanded for certification, which the CO supported. See three factually similar cases: 2014-PER-00224, 2014-PER-00260, and 2014-PER-00262. (Matter of The Cadmus Group, 1/15/16). Read Balca decision(PDF)

BALCA Upholds denial for PW Typo

2018-03-07T16:26:04+00:00Nov 5, 2015|

Denial affirmed where prevailing wage validity period on 9089 was less than 90 days. Validity was actually "90 days from date of determination" but dates were entered incorrectly on 9089. (Matter of Guilbert Tex, Inc., 10/14/15).  Read the Balca decision here.

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