BALCA Reverses 372 Denials of Labor Certifications

This is a good example how some labor certifications are wrongfully denied. We are very happy that BALCA did reverse those decisions.

Matter of Cognizant Technology, Sept. 29-30, 2016- “For the reasons stated below, we find that: (1) the Employer‟s COLA is a wage adjustment and not merely a per diem payment; (2) because the wage is not required to be stated in newspaper advertisements and in additional professional recruitment steps, a denial for failure to state a locality pay adjustment based on § 656.17(f)(3) or § 656.24(b)(2) is not supported by the regulations; and (3) the regulations could be reasonably construed to require statement of a locality pay adjustment on a notice of filing in order to sufficiently apprise interested persons about the job opportunity, but the Employment and Training Administration‟s (“ETA‟s”) regulations, forms and instructions provide no notice of such an interpretation of the regulations (nor a means for reporting such a wage adjustment on the Form 9089). Accordingly, we find that a denial based on a lack of statement of a locality pay adjustment in the NOF in this case cannot be sustained. … Therefore, despite the CO‟s identification of a valid issue and his reasonable interpretation of the regulations, absent ETA having provided employers notice of its regulatory interpretation concerning the requirement that COLAs be disclosed and a mechanism by which it can be accommodated, we decline to affirm a denial based on failure to state a locality pay adjustment on a NOF, in advertisements, or on the Form 9089.”