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Case Number: A-23125-38402

Fiscal year: 2024

Fiscal Year

2024

Case Number

A-23125-38402

Case Status

Certified

Received Date

2023-05-08

Decision Date

2024-06-11

Refile

N

Original File Date

2024-01-01 01:38:09

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

The Fremont Company, Inc.

Employer Name Slug

the-fremont-company-inc

Employer Address 1

802 N. Front St.

Employer Address 2

Employer City

Fremont

Employer City Slug

fremont

Employer State

OHIO

Employer State Slug

ohio

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

43420

Employer Phone

4194105381

Employer Number of Employees

192

Employer Year Commenced Business

1906

NAICS Code

311421

FW Ownership Interest

N

Employer Contact Name

Dave Stark

Employer Contact Address 1

802 N. Front St.

Employer Contact Address 2

Employer Contact City

Fremont

Employer Contact State/Province

OHIO

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

43420

Employer Contact Phone

4194105381

Employer Contact Email

Dave.Stark@fremontcompany.com

Agent Attorney Name

Paul Ruby

Agent Attorney Firm Name

Ruby Law Group LLC

Agent Attorney Phone

6467457458

Agent Attorney Address 1

P.O. Box 120416

Agent Attorney Address 2

Agent Attorney City

Nashville

Agent Attorney State/Province

TENNESSEE

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

37212

Agent Attorney Email

pruby@rubylawgroup.com

PW Track Number

P10022126144388

PW SOC Code

51-9198.00

PW SOC Title

HelpersProduction Workers

PW Skill Level

Level I

PW Wage

13.05

PW Unit of Pay

Hour

PW Wage Source

OES

PW Determination Date

2022-11-25

PW Expiration Date

2023-06-30

Wage Offer From

14.42

Wage Offer To

0.00

Average Salary

14.42

Wage Unit of Pay

Hour

Worksite Address 1

The Fremont Company Inc. dba Paisley Farm

Worksite Address 2

38180 Airport Pkwy

Worksite City

Willoughby

Worksite City Slug

willoughby

Worksite State

OHIO

Worksite Postal Code

44094

Job Title

Production Associate

Job Title Slug

production-associate

Minimum Education

None

Major Field of Study

Required Training

N

Required Experience

N

Required Experience Months

Accept Alternative Field of Study

N

Accept Alternative Major Field of Study

Accept Alternative Combination

N

Accept Alternative Combination Education

Accept Alternative Combination Education Years

Accept Foreign Education

N

Accept Alternative Occupation

N

Accept Alternative Occupation Months

Accept Alternative Job Title

Job Opportunity Requirements Normal

Y

Foreign Language Required

N

Specific Skills

Please notebr br 1 dba name.br This specific facility operates under the dba name of quot;Paisley Farm,quot; which is a trade name owned and used by The Fremont Company, Inc., the employer.br br 2 Newspaper of general circulation.br The NewsHerald is a newspaper distributed in the northeastern portion of Greater Cleveland, Ohio, focused on serving Lake and Geauga Counties as well as a section of eastern Cuyahoga County in which Cleveland itself is located. The NewsHerald is published in Willoughby Lake County, Ohio, which is the same town where the Paisley Farm cannery is located. The regulatory history states an employers advertisements to appear in the newspaper most appropriate to the occupation and the workers most likely to apply for the job opportunity in the area of intended employment. See 67 Fed. Reg. 30466, 30471. In this case, The NewsHerald publishes the Sunday print edition of the newspaper of general circulation in the area of intended employment most appropriate to the occupation and the workers likely to apply for the job opportunity, as required by 20 CFR 656.17 E2iiA in other workers cases such as this. Due to the nature of this production position, The NewsHerald was the correct choice, as opposed to the Cleveland Plain Dealer.br br Our thinking is consistent with that of the panel in In the Matter of Capitol Building Services, Inc., 2012PER1971 Feb. 12, 2013. The Capitol Building Services panel relied on the Notice of Proposed Rulemaking for the PERM rule which stated excerpted For example, in a relatively large metropolitan area such as Philadelphia, Pennsylvania or Washington, DC, it would not be appropriate to place an advertisement for a computer professional in a suburban newspaper of general circulation since workers interested in professional jobs consult the metropolitan newspapers in the area of intended employment with the largest circulation rather than the suburban newspapers of general circulation. On the other hand, it would be appropriate to advertise in a suburban newspaper of general circulation for nonprofessional occupations, such as jewelers, houseworkers or drivers. Counsel and the employer analyzed both potential options prior to placing the advertisement and such analysis revealed that The NewsHerald was the newspaper most likely to deliver applicants who were interested in the roles. For example, a quick scan of just the page on which one of the employers help wanted ad ultimately ran supports the proposition that the NewsHerald was the appropriate choice it features another advertisement for entrylevel manufacturing facility jobs as well as positions like maintenance workers and barbers mostly in Mentor, OH, which is the adjacent town and also in Lake County. Thus, we concluded that, for an employer looking to sponsor other workers in Lake County, Ohio, The NewsHerald is the correct venue for advertising the availability of these jobs as it publishes the Sunday edition of the newspaper of general circulation in the area of intended employment most appropriate to the occupation and the workers likely to apply for the job opportunity.

Combination Occupation

N

Offered to Applicant Foreign Worker

Y

Foreign Worker Live on Premises

N

Foreign Worker Live in Domestic Service

N

Foreign Worker Live in Domestic Service Count

Professional Occupation

N

Application for College/University Teacher

N

SWA Job Order Start Date

2022-11-28

SWA Job Order End Date

2022-12-29

Sunday Edition Newspaper

Y

First Newspaper Name

The NewsHerald

First Advertisement Start Date

2023-01-22

Second Newspaper Ad Name

The NewsHerald

Second Advertisement Type

Newspaper

Second Ad Start Date

2023-01-29

Employer Website From Date

2024-01-01 01:38:09

Employer Website To Date

2024-01-01 01:38:09

Professional Organization Ad From Date

2024-01-01 01:38:09

Professional Organization Advertisement To Date

2024-01-01 01:38:09

Job Search Website From Date

2024-01-01 01:38:09

Job Search Website To Date

2024-01-01 01:38:09

Employee Referral Program From Date

2024-01-01 01:38:09

Employee Referral Program To Date

2024-01-01 01:38:09

Local Ethnic Paper From Date

2024-01-01 01:38:09

Local Ethnic Paper To Date

2024-01-01 01:38:09

Radio/TV Ad From Date

2024-01-01 01:38:09

Radio/TV Ad To Date

2024-01-01 01:38:09

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

NEPAL

Foreign Worker Birth Country

NEPAL

Class of Admission

Not in USA

Foreign Worker Education

None

Foreign Worker Information: Major

Foreign Worker Years of Education Completed

Foreign Worker Institution of Education

Foreign Worker Education Institution Address 1

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

Foreign Worker Education Institution State/Province

Foreign Worker Education Institution Country

Foreign Worker Education Institution Postal Code

Foreign Worker Experience with Employer

N/A

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

N

Employer Completed Application

N

Preparer Name

Paul Ruby

Preparer Title

Managing Attorney, Ruby Law Group LLC

Preparer Email

pruby@rubylawgroup.com

Employer Information Declaration Name

Dave Stark

Employer Information Declaration Title

Vice President of Human Resources