In re Delitizer Corp. of Newton
Board of Alien Labor Certification Appeals
1991 BALCA LEXIS 173 (1991)
- Written by Eric DiVito, JD
Facts
Delitizer Corporation (plaintiff) employed an alien, Jean Delince Pricien, as a cook at its restaurant. As a cook, Pricien was paid $7 an hour to prepare Jewish-style food. Pricien worked under the orders of the chef and owner. Delitizer applied for labor certification from the United States Department of Labor (DOL) on behalf of Pricien. The position offered for certification was chef. As chef, Pricien would oversee all cooking, supervise three cooks, reconcile cash registers, make bank deposits, oversee the computerized order system, close the restaurant, and handle catering orders and customer complaints. As chef, Pricien would receive $8 an hour. The DOL’s certifying officer denied Delitizer’s request for certification. On appeal, the Board of Alien Labor Certification Appeals remanded the matter to allow Delitizer the opportunity to submit evidence bearing upon whether Pricien’s position as cook was dissimilar to the position as chef. Upon review of the submitted evidence, the certifying officer denied certification on the ground that job dissimilarity was not sufficiently shown. Delitizer appealed the decision.
Rule of Law
Issue
Holding and Reasoning (Romano, J.)
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