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BALCA: Elevating Form Over Substance

By Js

In a recent case, the Board of Alien Labor Certification Appeals considered issues of form vs. substance, applying the concept of Fundamental Fairness (aka Due Process) to some highly technical issues. The case, "Steve's Bakery and Cuchirfrito Corp, 2010-PER-844, was decided on March 9, 2011. In the first instance, an Employer responded to a denial of certification using the title "Request to Review." As such, the CO forwarded the file to BALCA for appeal. The Employer, who had wanted reconsideration by the CO, and not an appeal to BALCA, wrote a letter to the Board requesting and clarifying that it...

Full post as published by Joel Stewart's Blog on March 21, 2011 (boomark / email).