On 21 December 2012, BALCA affirmed the decision of a Certifying Officer to deny a Labor Condition Application for H-2B workers filed by International Plant Services (IPS) for failing to file as a job contractor jointly with employer-client, Chapman Construction. IPS was engaged to assist Chapman Construction in recruiting temporary workers and filed applications for 60 H-2B workers to be employed at three worksites. When questioned about its role as a job contractor, IPS contended that the temporary workers would be hired, paid and fired by IPS and provided limited documentation showing that it would supervise the H-2B workers. On review, BALCA found this insufficient to determine the extent of supervision and relied on IPS’s concession that “it was engaged to assist *Chapman Construction* in locating temporary workers for *a* specific project” in finding that actual supervision would be by Chapman Construction and that IPS was acting as a job contractor.

Elizabeth Edgar