Firm told to comply with hiring regs

The Department of Labor has ordered a construction company to comply with the 20 percent requirement in the employment of citizens and resident workers in the CNMI. At the same time, the Administrative Hearing Office directed the Labor director to release 37 pending applications made by Misamis Construction (Saipan) Ltd.

Hearing officer Jerry Cody also ordered Labor Director Barry Hirsbein to approve the pending Conditional Grants of Transfer for each complete application “as soon as practicable.”

In an administrative order signed yesterday, Cody said Misamis must hire and employ a minimum of three citizens or permanent resident workers each month beginning next month and continuing each month for a period of one year.

Cody stressed that such hiring shall be deemed to demonstrate the employer’s good faith effort to comply with labor regulations.

Earlier, Misamis filed a petition against DOL related to pending applications. A hearing was held on Aug. 7 to take up Labor’s objection to the company’s plan to hire one alien worker.

In that hearing, Hirshbein appeared with Director of Employment Services Alfred Pangelinan and Alice Concepcion. The operations manager of Misamis, Barrie Ladd, also appeared.

Misamis claimed that 37 of its filed work permit applications are currently on hold in the Processing Section, with pending CGOT awaiting approval.

Hirshbein confirmed during the hearing that the applications have been on hold due to a refusal of Employment Services to certify that Misamis has met the requirement that 20 percent of its workforce must be composed of U.S. citizens and resident workers.

Misamis said it hired five construction trainees from a local trade school during the past month and Ladd promised that the company would continue efforts to find qualified resident workers for their various construction projects.

Employment Services said that Misamis’ past record of resident hiring has been inadequate.

Cody also ordered Misamis to provide DOL’s Employment Services with a list of all such workers hired by the employer in that month with a list to be delivered on or before the seventh day of the month following the applicable month.

Cody also ordered Misamis to continue its efforts to comply with the labor requirement.

The company must also submit a written certification to Employment Services each month certifying that Misamis has posted available job openings within the past month at the Office of Vocational Rehabilitation, Workforce Investment Agency, Northern Marianas College, Adult Development Institute and Marianas Trade Institute.

Cody said that once the CGOTs are approved in writing, Misamis must provide immediate work to those employees, within several days of the date of approval.

An appeal to the Secretary of Labor can be made within 15 days of issuance by any person or party affected by the decision.