BALCA En Banc Decision Summaries

NOTICE : These BALCA en decision summaries were created solely to assist BALCA staff in researching BALCA caselaw. The summaries are not part of the opinions and in no way constitute the official opinion of BALCA, the Office of Administrative Law Judges or the Department of Labor on any subject. The summaries should, under no circumstances, substitute for a party's own research into the statutory, regulatory, and case law authorities on any subject referred to therein. They are intended simply as a research tool, and are not intended as final legal authority and should not be cited or relied upon as such.

Determining the correct job title

Job title: CO's challenge of job title: in each of these cases, the employers had listed the occupation as "Baker" under the DOT. The CO challenged these classifications and changed the job title to that of "Doughnut Maker" under the DOT. The Board held that it is well-established that a CO may challenge the job title provided by the employer. As with any other finding in a NOF, it is then the employer's burden to rebut this finding by providing sufficient evidence. CHAMS, INC, d/b/a DUNKIN' DONUTS , 1997-INA-40, 232 and 541 (Feb. 15, 2000) (en banc)

Job title: determining the correct job title: comparison of DOT with duties stated by employer: computer programmer v systems programmer. LDS HOSPITAL , 1987-INA-558 (Apr. 11, 1989) (en banc)

Job title: remand where CO's job title ("Medical Technologist") was erroneous for the job offered, but there may have been some validity to CO's observation in the Final Determination that employer appeared to want to hire someone to perform a physician's duties ("Medical Diagnostician") without paying a physician's salary. DOWNEY ORTHOPEDIC MEDICAL GROUP , 1987-INA-674 (Mar. 16, 1988) (en banc)

CO's suspicion that the job was misclassified and is not a bona fide job opportunity

Bona fide job opportunity: CO suspects job misclassified: domestic cook: the Board held that a CO may properly invoke the bona fide job opportunity analysis authorized by 20 C.F.R. § 656.20(c)(8) if the CO suspects that the application misrepresents the position offered as skilled rather than unskilled labor in order to avoid the numerical limitation on visas for unskilled labor. A totality of the circumstances is applied. Factors such as the inherent implausibility of a household using a very percentage of its disposable income to hire a cook may be considered. CARLOS UY III, 1997-INA-304 (Mar. 3, 1999) (en banc)