Alien worker caught lying told to leave NMI

Giving false testimony before a Labor administrative hearing officer is a serious offense and may provide grounds for an alien worker’s deportation, according to a Labor official.

Administrative hearing officer Jerry Cody pointed out that Public Law 15-108, the Employment Act of 2007, prohibits an employer or foreign national worker from making a “materially false statement” to Labor or any employees of the Executive Branch.

“It is a serious offense for someone to give false testimony after swearing an oath to tell the truth in a hearing before a hearing officer,” Cody said.

Cody discussed the issue of lying before Labor in his administrative order denying Danilo A. Calumba’s request to transfer to a new employer.

Cody ordered the Filipino worker to depart the CNMI within 45 days after finding out that Calumba lied during the administrative hearing,

Such conduct by a foreign national worker, Cody said, may provide grounds for deportation or the forfeiture of a worker’s claims for money damages.

According to Labor records, Calumba had registered with Labor’s Employment Services on Oct. 17, 2008, and was allowed to find an employer within 30 days. He failed to do so.

Sometime in October 2008, Calumba asked the Hearing Office for an extension of his transfer period. On Nov. 5, 2008, hearing officer Deanne Siemer denied Calumba’s request.

The extension order was personally served on Calumba at the hearing office on Nov. 20, 2008. The order instructed him to report within seven days to the Labor Enforcement Section to make arrangements for his repatriation.

The extension order also noted that “any aggrieved person” could appeal the order to the Labor Secretary within 15 days of the date of the order.

Calumba never appealed the order and never reported to the Labor Enforcement Section to arrange for his repatriation as instructed.

Instead, on Dec. 29, 2008, he submitted a new Employer Intent Form to Employment Services in an attempt to obtain an administrative order granting transfer to Ignacio C. Igbanlog Jr., owner of Carnot Air Conditioning.

In response to the new Employer Intent Form signed by Agbanlog, the Hearing Office issued a notice of hearing and objection to the proposed employment. The hearing was scheduled for Jan. 28, 2009.

During the hearing, Calumba was asked to confirm whether he had received a copy of the extension order in November 2008. Calumba testified that he had never seen the extension order, nor was he served with the order.

Even after being admonished by the hearing officer of his obligation to tell the truth, the petitioner continued to state that he had never seen the extension order.

A Hearing Office service record was then produced, which had been signed by Calumba on Nov. 20, 2008.

A Hearing Office staff testified that Calumba’s signature in the logbook signified that Calumba had indeed been served with the extension order on Nov. 20, 2008.

The Labor investigator noted that Calumba was holding a small satchel containing some papers. When Calumba opened the satchel, the extension order was found amidst the papers in his possession.

At this point, Calumba tearfully admitted that he had, in fact, seen the order on Nov. 29, 2008, when it was served on him at the Hearing Office. Calumba admitted that he had lied under oath in the belief that it would help his case to do so.

In his order, Cody noted that another problem with this application was that Calumba’s prospective employer, Carnot Airconditioning, had written a letter, attempting to cancel this employment due to the continuing economic crisis on Saipan.

Thus, Cody said, even if he had been inclined to give permission for this hiring, it could not have been approved for the prospective employer of record.

Even if all other facts were in his favor, Cody said, Calumba’s act of falsely testifying in the hearing would justify denial of the petition and an order to depart the CNMI.

“In summary, the factual record establishes serious and troubling conduct on the part of Calumba that justifies the ultimate conclusion that this petition should be denied and that he should be ordered to leave the CNMI,” he added.