Labor administrative hearing officer Jerry Cody reaffirmed the CNMI Department of Labor’s decision to deny giving a construction company a certificate of compliance or good standing.
Cody affirmed the denial of certificate of good standing based on evidence showing that Big Bell, Inc., was well aware of Labor’s website and had a history of not posting job vacancy announcements.
In fact, Cody said Big Bell failed to post more than 40 JVAs on Labor’s website, therefore justifying the decision to deny the request for the issuance of a certificate of good standing.
Big Bell operates a construction business that currently employs 58 employees—six U.S. citizens/permanent residents and 49 CW-1 status employees.
The construction company was given 15 days from the date of issuance of the order to appeal Cody’s ruling.
This case is based on Big Bell’s timely appeal of a Notice of Denial issued by Job Placement on July 22, 2016 in which Job Placement denied Big Bell’s request for a certification of compliance or certificate of good standing.
The construction company’s request was denied originally for the following reasons—employer failed to post a job vacancy announcement on Labor’s website for 45 jobs offered in 2015 and 2016, which is in violation of the employment rules and regulations, codified in the Northern Mariana Islands Administrative Code.
Moreover, Big Bell failed to submit a work force plan for 2015 to Labor, which is in violation of the employment rules and regulations, codified in the NMIAC.
Finally, Big Bell failed to file with Labor, quarterly total workforce listings for four quarters in 2015, as well as the first and second quarters of 2016.