50-plus alien workers allowed to transfer

Over 50 nonresident workers employed by a Tinian-based company were granted the right to transfer to new employers after their existing employer shut down his businesses for economic and other reasons.

At the same time, hearing officer Jerry Cody permanently barred Green Star Co. Ltd. owner Li Bo Xin from hiring new alien workers, based on a finding that Li had failed to inform the Department of Labor of his lack of a long-term business certificate, among other things.

The hearing was conducted in relation to a compliance agency case opened by the department after Li informed Labor of his decision to close all of his business. Among the reasons Li cited for his decision were non-profitability of business, his health problems, and the status of his business permit application at the Department of Commerce.

During the hearing, it was found that Li was informed of Commerce’s decision to deny his business permit application as early as August 2003. Such denial meant that Li no longer had the right to continue employing nonresident workers in the CNMI.

However, Li did not inform Labor of the matter until Feb. 18, 2004.

Assistant attorney general Kevin Lynch, legal counsel for Labor, also noted that Li failed to comply with the terms of a July 29, 2003 administrative order issued by Labor in a separate case involving 21 Green Star workers.

In the earlier order, hearing officer Linn Asper fined Li $250 for each worker for his failure to submit complete applications. At the time, Asper ordered Li to pay only $100 for each worker. Asper suspended the remaining $150 on the condition that Li secures surety bonds for the 21 workers. Failure on Li’s part to comply with the order would result in the denial of applications.

Lynch reported that while Li paid the unsuspended fine, the employer failed to secure surety bonds for nine of the 21 workers. This meant that the nine workers had no legal status in the CNMI.

Lynch added that the department did not object to granting transfer relief to all workers, except for the nine employees.

Cody, however, said that it was only just to place all the workers in the same category, since the nine workers had no fault in Li’s failure to get surety bonds for them.

Although he expressed doubt over the legitimacy of the workers’ employment with Green Star, the hearing officer said he would grant the workers transfer relief.

“I am not confident that you were paid on time, filled out time cards, or had legitimate employment in the CNMI. I’m not accusing you, but I warn you. You are being given transfer relief and you should find legitimate employment,” Cody told all the 52 Green Star workers who appeared for the hearing.

For his part, Li did not object to the permanent bar issued against him. He said he has no more intention to do business or to hire alien workers in the CNMI.

Cody said he was inclined not to reinstate the $1,350 fine due from Li under Asper’s order.