BALCA 1989-INA-181 (January 24, 1990)

Good faith efforts to recruit: delay: "an employer remains under the affirmative duty to commence review and make all reasonable attempts to contact applicants as soon as possible": the Board rejected Employer's argument that all that was necessary was that the contacts be completed within the 45 days allotted to complete review and evaluation of the candidates and report the results to the local job service: "A delay is likely to result in workers becoming disinterested in the opportunity. A delay without cause is also an indication of an employer's lack of a good faith effort to evaluate U.S. applicants. It is irrelevant that the record in this case does not show that the delay actually caused or contributed to an apparently qualified applicant's disinterest or unavailability. An employer's intent in creating an unjustified delay is equally irrelevant."

Source: BALCA En Banc Decision Summaries