1. Regulatory definition
The "area of intended employment" is:
- the area within normal commuting distance of the place (address) of intended employment. If the place of intended employment is within a Standard Metropolitan Statistical Area (SMSA), the SMSA is deemed to be any place within normal commuting distance of intended employment.
20 C.F.R. § 656.50.
2. Definition of "Standard Metropolitan Statistical Area"
The regulations do not define "Standard Metropolitan Statistical Area." One panel, however, has noted that the Appendix to the 1988 Bureau of Labor Statistics Industry Wage Survey states that, according to the U.S. Office of Management and Budget, through June 1983, an "MSA" is:
- a county or group of contiguous counties which contain at least one central city of at least 50,000 inhabitants or a central urbanized area of at least 100,000. Counties contiguous to the one containing such a city or area are included in an MSA if, according to certain criteria, they are essentially metropolitan in character and are socially and economically integrated with the central city.
Seibel & Stern, 90-INA-86, 116 to 129, 144 to 168 (Apr. 26, 1990) (median wage for an entire region is an inappropriate prevailing wage for a starting position at a rural garment manufacturer).
3. Relevance of Occupational Outlook Handbook
The Occupational Outlook Handbook sets forth a wage based on the national average and, therefore, does not provide a prevailing wage for the "area of intended employment." Heritage Bindery, 89-INA-351 (Dec. 11, 1990) (CO's reliance on Occupational Outlook Handbook for prevailing wage information was misplaced).
4. Requirement that CO address argument that wage determination was not applicable to the area of intended employment
The Board will remand matters where the CO fails to consider the employer's argument that the prevailing wage survey used by the CO was not applicable to the "area of intended employment." Peddinghaus Corp., 88-INA-79 (July 6, 1988).