Fiscal Year

2020

Case Number

A-19318-82985

Case Status

Certified

Received Date

2019-12-05

Decision Date

2020-04-24

Refile

N

Original File Date

2020-01-01 08:17:23

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

CLAMBAKE, INC.

Employer Name Slug

clambake-inc

Employer Address 1

321 COMMERCIAL STREET

Employer Address 2

Employer City

PROVINCETOWN

Employer City Slug

provincetown

Employer State

MASSACHUSETTS

Employer State Slug

massachusetts

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

2657

Employer Phone

5084870842

Employer Number of Employees

90

Employer Year Commenced Business

1979

NAICS Code

72211

FW Ownership Interest

N

Employer Contact Name

Timothy F McNulty

Employer Contact Address 1

321 Commercial Street

Employer Contact Address 2

Employer Contact City

Provincetown

Employer Contact State/Province

MASSACHUSETTS

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

2657

Employer Contact Phone

5084870842

Employer Contact Email

tim@ptownlobsterpot.com

Agent Attorney Name

Keith A Pabian

Agent Attorney Firm Name

Pabian Law, LLC

Agent Attorney Phone

6179399444

Agent Attorney Address 1

40 Speen Street

Agent Attorney Address 2

4th Floor

Agent Attorney City

Framingham

Agent Attorney State/Province

MASSACHUSETTS

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

1701

Agent Attorney Email

keith.pabian@pabianlaw.com

PW Track Number

P10018331077760

PW SOC Code

35-2014

PW SOC Title

Cooks, Restaurant

PW Skill Level

Level I

PW Wage

23941.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2019-04-01

PW Expiration Date

2019-06-30

Wage Offer From

30000.00

Wage Offer To

0.00

Average Salary

30000.00

Wage Unit of Pay

Year

Worksite Address 1

321 Commercial Street

Worksite Address 2

NA

Worksite City

Provincetown

Worksite City Slug

provincetown

Worksite State

MASSACHUSETTS

Worksite Postal Code

2657

Job Title

Cook

Job Title Slug

cook

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

Y

Accept Alternative Occupation Months

3

Accept Alternative Job Title

See H14

Job Opportunity Requirements Normal

Y

Foreign Language Required

N

Specific Skills

H.10B. JOB TITLE OF ACCEPTABLE ALTERNATE OCCUPATIONbr br Three 3 months of culinary work experience in a finedining, highvolume environment at a highend or highvolume restaurant, resort, or private club.br br H.14. SPECIAL SKILLS OR OTHER REQUIREMENTSbr br Three 3 months of experience using cutting tools, cookware, and bakeware to prepare meals in a highvolume, fastpaced environment. Three 3 months of experience using various cooking procedures and methods, such as grilling, baking, and boiling. Three 3 months of experience accurately following complex recipes in a fastpaced, highvolume environment. Ability to perform physically demanding tasks involving long hours of standing.br br PHYSICAL CAPABILITIES REQUIRED FOR THE POSITIONbr br Mr. Adman possesses the ability to perform physically demanding tasks involving long hours of standing.br br THE PETITIONERS PERMANENT COOK POSITION IS A DISTINCT POSITION FROM ITS SEASONAL COOK POSITIONbr br The fulltime, permanent position of Cook is different from and more complex than the seasonal Cook position Mr. Adman has held previously at Clambake, Inc. The seasonal Cook is responsible for preparing, seasoning, and cooking soups, meats, vegetables, desserts, and other food items in a restaurant. The permanent Cook must perform these duties as well, but is also responsible for many additional duties, includingbr Inspecting food preparation and serving areas to ensure observance of safe, sanitary foodhandling practices.br Understanding and following given recipes to produce high quality food items.br Regulating temperatures of cooking devices, such as grills, fryolators, ovens, etc. to ensure accurate cooking procedure.br Setting up workstations with all needed ingredients and cooking equipment.br Inventory control and product rotation relating to receiving and stocking of meats, vegetables, desserts, and other restaurant food items to ensure freshness.br br Because the permanent Cook position is so much more extensive and complex than the seasonal Cook position, the hiring requirements for the permanent Cook position are also greater. For the seasonal Cook position, Clambake, Inc. requires three 3 months of culinary work experience in a finedining or highvolume environment at a highend or highvolume restaurant, resort, or private club. For the permanent Cook position, Clambake, Inc. requires the more extensive experience listed above in H.14.br br Due to the above differences in duties and hiring requirements, the permanent Cook position and the seasonal Cook position are two 2 distinct, separate positions and not one 1 position for which Clambake, Inc. hires on both a temporary and permanent basis. Clambake, Inc. wishes to hire Mr. Adman for the permanent Cook position based on the experience he has gained with other employers; Clambake, Inc. is not converting Mr. Admans previous seasonal Cook position into a permanent position.

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

2019-06-10

SWA Job Order End Date

2019-07-12

Sunday Edition Newspaper

Y

First Newspaper Name

Cape Cod Times

First Advertisement Start Date

2019-06-30

Second Newspaper Ad Name

Cape Cod Times

Second Advertisement Type

Newspaper

Second Ad Start Date

2019-07-07

Employer Website From Date

2020-01-01 08:17:23

Employer Website To Date

2020-01-01 08:17:23

Professional Organization Ad From Date

2020-01-01 08:17:23

Professional Organization Advertisement To Date

2020-01-01 08:17:23

Job Search Website From Date

2020-01-01 08:17:23

Job Search Website To Date

2020-01-01 08:17:23

Employee Referral Program From Date

2020-01-01 08:17:23

Employee Referral Program To Date

2020-01-01 08:17:23

Local Ethnic Paper From Date

2020-01-01 08:17:23

Local Ethnic Paper To Date

2020-01-01 08:17:23

Radio/TV Ad From Date

2020-01-01 08:17:23

Radio/TV Ad To Date

2020-01-01 08:17:23

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

JAMAICA

Foreign Worker Birth Country

JAMAICA

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

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

N

Employer Completed Application

N

Preparer Name

Keith A Pabian

Preparer Title

Attorney

Preparer Email

keith.pabian@pabianlaw.com

Employer Information Declaration Name

Timothy F McNulty

Employer Information Declaration Title

OwnerExecutive Chef