4 workers ordered to leave CNMI
Four alien workers were ordered to depart the Commonwealth, as the Department of Labor Hearing Office called for an investigation against a businesswoman who employed the workers and six others without valid permits or authorization.
In an Oct. 29 administrative order, Labor hearing officer Jerry Cody affirmed the Labor director’s decision to deny the permit applications filed by employer Julia S. Seman for 10 nonresident workers.
Seman is owner of One Call Services, a company that provides commercial cleaning to the Northern Marianas College and other businesses in Saipan. She also owns Oram Security Services, which provides security guard services to businesses in Saipan.
The order was issued to resolve an appeal concerning 10 workers whose transfer applications were denied by the Labor department. Five workers’ applications were denied because of uncorrected deficiencies; four workers’ applications were denied as untimely; and one worker’s denial appeal was dismissed as untimely.
At the hearing of the appeal, it was found that Seman filed “grossly deficient” applications for workers Eddie S. Saturno, Danilo S.B. Geneblazo, Marissa M. Gavino, Rhodelita Monsanto, and Floro S. Derexes.
Cody said the applications were missing some or all of the following documents: a certified job vacancy announcement, valid business license, statement of compliance, employer’s agreement, original surety bond, cash bond, valid health certificate, and business establishment inspection.
Seman failed to correct many deficiencies for months after she was informed about them. She also testified that she cannot afford cash bonds for these workers.
Noting that the employees were not at fault in the matter, Cody allowed the workers to seek new employers within 45 days, or until Dec. 13, 2004.
Also given transfer relief was worker Domingo P. Naulgan, whose application was filed one day late. “It would be unduly harsh to require Mr. Naulgan to depart the CNMI based on his employer missing the filing deadline by one day,” Cody said.
The four other workers, however, were given 30 days to leave the CNMI.
Of these workers, three were found to have worked for Seman without a permit, for periods ranging from a year to nearly three years. They are Christopher M. Monsanto, Rogel R. Serrano, and Elmer J. Lucas.
The other worker—Veronica J. Jorda—was also ordered to depart the Commonwealth because she failed to appeal the denial of her permit application until one year and four months later.
Labor laws give involved parties only 15 days to appeal a denial.
It was also found that Jorda worked for Seman without a permit for two years.
Cody ordered Seman to provide airline tickets for the four workers ordered to depart.
He also instructed the Division of Labor to investigate the employer, who expressed no remorse for her conduct.
“On the contrary, she stated that she had done nothing wrong because, by employing these workers, she had enabled them to earn money and remain in the CNMI,” Cody said. “This employer has demonstrated by both her conduct and attitude a blatant disregard of the CNMI’s labor laws and regulations.”
Further, Cody noted that after the hearing, two of Seman’s workers submitted a letter informing the Hearing Office that they are owed certain unpaid wages.