BALCA on PWD, PERM: Matter of Lee Johnson Capital Mgmt., LLC

Matter of Lee Johnson Capital Mgmt., LLC, Dec. 21, 2016 - "We find that the Employer‟s duties for the position of Senior Quantitative Analyst are most similar to the tasks provided in SOC code 13-2099.01, Financial Quantitative Analysts. The supervisory duties associated with the role are far narrower than the supervisory duties associated with SOC code 11-3031.02, Financial Managers, Branch or Department. These tasks are closely related to tasks listed for SOC code 13-2099.01, Financial Quantitative Analysts, but the Employer‟s role requires them to be performed at a “senior” level. The supervisory nature of the tasks could have been accounted for by the assignment of OES wage Level III or IV, but did not require the assignment of SOC code 11-3031, specifically 11-3031.02, which only superficially relates to the Employer‟s job duties and was beyond the scope of the Employer‟s position. Therefore, we find that the CD abused his discretion by failing to assign the SOC code that best corresponds to the Employer‟s position. ORDER IT IS HEREBY ORDERED that the Center Director‟s prevailing wage determination is OVERRULED, and this matter is REMANDED to the Center Director for further processing consistent with this order."

[Hats off to Martin Valko!]