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Worker allowed to transfer
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Posted on Oct 29 2005
The Department of Labor granted a nonresident interpreter a new 45-day transfer period to look for a new employer after the U.S. Coast Guard officer who was supposed to hire him cancelled the labor permit application with the department’s Labor Division.
Labor hearing officer Jerry Cody affirmed the denial of David J. Doyle’s application on behalf of Jun Yang, but ruled that the worker could seek another employer until Dec. 11, 2005.
If the worker fails to have a new application timely submitted with the Labor Division on his behalf, Cody said Doyle should cover the cost of the worker’s repatriation to the home country. Cody said the worker would be subject to deportation proceedings if he refuses to voluntarily leave the CNMI.
In an order issued Thursday, Cody noted that the Labor Division denied Doyle’s application to hire Yang after the employer decided to cancel the application. Yang had a valid temporary work authorization while the application was pending.
Cody said Doyle submitted a cancellation letter to the Labor Division last Aug. 5, after the Coast Guard officer cancelled his business plans to operate a visa-processing center on Saipan.
“Recently, Doyle was informed by his Coast Guard supervisor that the Coast Guard might disapprove of one of its members entering into this planned business,” noted Cody. “Yang, Jun was not the cause of [the application’s] denial; therefore, granting him transfer relief is in accord with the transfer principles contained in the regulations.”
The Labor Division denied the application on Sept. 12, 2005. Both Doyle and Yang appealed the decision. (John Ravelo)
