‘Rota employers hobbled by slow issuance of health certificates’

The slow issuance of valid health certificates in the past had affected Rota employers in processing work permit applications for nonresident workers, according to the Department of Labor.

Labor administrative hearing officer Jerry Cody said the difficulties in getting valid health certificates happen because medical examinations can be hard to arrange on Rota.

Another factor, Cody added, was that the Department of Public Health has, at times, been slow to issue valid health certificates.

The hearing officer discussed the problem in his order related to the appeal of PB Properties Inc. and employees Manual S. Lintao, Victor Padasas, Joe Marie M. Ascano, Jose Yumul, Benifredo P. Esmas, and Rolando Trinidad.

Cody affirmed the Labor director’s decision to deny the permit renewal applications for Lintao, Padasas, Ascano, and Yumul. He granted the four workers’ request to transfer employers.

Cody said in the event that the four workers are unable to file the transfer applications within the 45-day period, they shall be repatriated at the expense of their last employer, former Rota Mayor Prudentio T. Manglona, who owns PB Properties.

The hearing officer reversed the Labor director’s decision to deny the permit renewal application for Esmas and Trinidad. He directed PB Properties to file a new and complete renewal application for the two workers within 30 days.

Cody said if PB Properties encounters difficulty obtaining the health certificate, the employer shall submit to Labor proof that Esmas and Trinidad have been medically examined within the 30-day period.

For its failure to correct deficiencies, Cody sanctioned the company in the amount of $100.

Labor records indicate that PB Properties and six workers appealed the denial of their applications for renewed and or transferred workers in the company’s construction business.

Five of the six denials were caused by PB Properties’ failure to submit valid health certificates for the workers. In the sixth case (Trinidad), the company did not submit a certified Job Vacancy Announcement for the “maintenance worker” position.

The Labor director denied each of the applications in November 2005 after PB Properties failed to correct the health certificates and JVA deficiencies.

The Labor division did not seek sanction against the employer for these health certificates deficiencies considering that it is not clear which entity is primarily at fault—the employer or Department of Public Health.

At the hearing, Manglona testified that, due to a severe downturn in construction business on Rota, the company can no longer employ most of the workers.

But PB Properties requested that the four employees—Lintao, Padasas, Ascano, and Yumul—be allowed to transfer to new employers.

Esmas worked for PB Properties as a plumber under a nonresident work permit that expired on Nov. 17, 2004. On that day, the employer filed an application to renew the employment and was served with a deficiency notice regarding the missing health certificate.

One year later, the Department denied the application based on the employer’s failure to correct the health certificate deficiency.

The appeal followed.

At the hearing, both the employer and Esmas asked to be allowed to continue this employment relationship. It is unclear whether the employer was entirely at fault in failing to produce a valid health certificate for Esmas. Given the situation, the Department has decided not to pursue sanctions or to oppose the renewal request.

In his order, Cody said that, based on the evidence presented, he holds that the denial should be reversed and the employment allowed to continue.

With respect to Trinidad’s case, the worker previously was granted transfer to PB Properties in an administrative order issued in June 2004. Pursuant to that order, PB Properties paid a $450 penalty for prior deficiencies, then filed the application in July 2004.

After the filing, the Department noted that the administrative order had not waived the JVA requirement; therefore, the Department issued a deficiency notice to the employer, requiring PB to obtain a certified JVA for the “maintenance worker” position.

PB Properties failed to file a certified JVA for months. On Nov. 14, 2005, the director denied the application based on the employer’s failure to correct deficiencies (health and JVA). The appeal followed.

Cody said the employer explained that he had relied on his accountant, Joe Ascano, to handle processing matters. Ascano offered no valid explanation for his failure to obtain a JVA for Trinidad’s position.

Nevertheless, appellants asked to be allowed to continue his employment relationship and Labor did not object.

Cody allowed the employment to continue provided that the employer pays a sanction of $100 for failing to provide JVA and files a new, complete application for the new employment period that has already begun.

Because the JVA was never waived, the employer should obtain and file a certified JVA for Trinidad’s “maintenance worker” position with the new application, Cody said.