Transfer applications filed by Sun Mei denied anew

A Department of Labor hearing officer has decided in favor of the government in a case involving the authority of the Division of Labor to suspend the processing of applications for employers believed to be in violation of labor laws or regulations.

In a June 21 administrative order, Labor hearing officer Maya B. Kara affirmed the department’s decision to deny the transfer applications filed by Sun Mei Corp. for three nonresident workers.

Citing the nine cases filed against the company within the past 12 months, Kara said: “In reviewing the record of employer Sun Mei Corp., I find a pattern of alleged conduct, which, if proven, would likely subject employer to a permanent bar on the employment of nonresident workers. To allow employer to continue to hire nonresident workers in the light of these pending cases would be irresponsible and would run against the underlying mission of the Department of Labor.”

The argument stemmed from an April 1 memorandum issued by Labor director Dean O. Tenorio requesting the Processing Section to “pend” applications submitted by Sun Mei.

On June 10, special assistant attorney general David Hutton, on behalf of the Labor Department, filed a brief saying Tenorio’s action was legal and justified.

Hutton cited nine cases filed against Sun Mei within the past 12 months, alleging unpaid wages, breach of contract, failure to provide work, wrongful termination, abandonment, illegal recruiting fees, and illegal activities.

“Given the number of outstanding claims against this employer the Department would be closing its eyes to likely problems and potentially inviting additional complaints should employment relationships between Sun Mei and the prospective employees be affirmed and then go sour,” he said.

In response, Sun Mei and three of its employees, through attorney Stephen C. Woodruff, questioned the Labor director’s authority to do so.

Woodruff argued that the regulation—which purportedly gives the Labor director the power to suspend processing—“only authorizes the director to ‘refuse to approve’ applications. It says nothing about suspending processing or holding applications in indefinite abeyance without notice and opportunity to be heard.”

He also noted that none of the allegations had been proven true.

He accused the Labor Department of depriving Sun Mei of its due process rights and urged the Hearing Office to instruct the department to decide on each application on its merits.

In her order, Kara said Woodruff’s arguments were “not persuasive.” She added, “Employer’s process is not being unduly delayed; rather, decision on each application is made in the context of this very order.”

In addition, Kara said two of the workers—Li Fei Fang and Cai Zhi Song—be given 45 days to find a new employer, as they were not at fault for the allegations that render Sun Mei incapable of employing them.

Meanwhile, Kara dismissed the appeal of denial of the transfer application filed for the remaining worker, Hong Xiao Ze. It was learned that Hong has a deportation case pending in the Superior Court.

“Mr. Hong’s departure from the Commonwealth, whether voluntary or involuntary, is subject to the jurisdiction of the Superior Court,” Kara said.