A company administrative officer\u2019s \u201cwrong click\u201d on the CNMI Department of Labor\u2019s website has cost Winchell\u2019s Donut House a $300 fine and a warning. <\/p>\n
Labor administrative hearing officer Jerry Cody ordered Winchell\u2019s Inc., owner of Winchell\u2019s Donut House, to pay the $300 fine on or before June 12, 2014.<\/p>\n
Cody warned the company that any failure to review and consider online job applicants or failure to post the required declaration (online response) in a timely manner may result in more severe sanctions.<\/p>\n
Cody said that Winchell\u2019s management admitted that it failed to correctly read the postings on Labor website and failed to consider those applicants who had responded on the website.<\/p>\n
Cody said the administrative officer acknowledged his mistake in navigating Labor\u2019s website.<\/p>\n
Cody heard Labor\u2019s compliance agency case against Winchell\u2019s on April 7 and May 13, 2014. Winchell\u2019s administrative officer, a consultant, and its counsel, Colin Thompson, appeared at the hearing.<\/p>\n
In its determination, Labor\u2019s Enforcement Section charged Winchell\u2019s with violating Labor Regulation that requires an employer to file a \u201cdeclaration\u201d with Labor\u2019s Citizen Job Placement Section within 14 days after publication of a job announcement on its website.<\/p>\n
The \u201cdeclaration\u201d requires the employer to post a timely, short response on the website, explaining the action taken with respect to each applicant who posted a response to the job vacancy, and the reason(s) why that person was not hired for the position.<\/p>\n
In December 2013, Winchell\u2019s posted job announcements on Labor\u2019s website for a store manager and three bakers.<\/p>\n
As of March 14, 2014, Winchell\u2019s had not posted any response to Labor or the online job applicants. Ultimately, the company renewed the contracts of CW-1 workers for all four positions.<\/p>\n
Two U.S.-qualified job applicants responded online to the store manager posting and three responded to the baker position.<\/p>\n
Winchell\u2019s main business office in Guam arranges all hiring of personnel on Saipan.<\/p>\n
The company\u2019s administrative officer testified that he never realized that anyone had responded to the job announcements. He testified that when he looked at the online summary page and clicked \u201cresponses\u201d in the right column of the page, no responses appeared on the screen. This led him to conclude that nobody had replied online to these job announcements.<\/p>\n
In his order, Cody said the administrative officer was in error as while looking at the \u201csummary page\u201d he should have clicked on the job title.<\/p>\n
Cody said if the officer had clicked on the job title and then clicked \u201cresponses\u201d from that page, he would have seen two applicants listed for store manager and three applicants for baker.<\/p>\n
In addition to the website, Winchell\u2019s however, advertised the positions in the Saipan Tribune for about 10 days in December 2013. The company contacted all four applicants for the baker position and scheduled interviews. Three failed to appear, and the other applicant was found to be unqualified for the position.<\/p>\n
At the end of the hearing, Labor\u2019s Enforcement stated it would leave the decision on sanctions to Cody\u2019s discretion.<\/p>\n","protected":false},"excerpt":{"rendered":"
A company administrative officer\u2019s \u201cwrong click\u201d on the CNMI Department of Labor\u2019s website has cost…<\/p>\n","protected":false},"author":23,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[54,56,51,38],"class_list":["post-38144","post","type-post","status-publish","format-standard","hentry","category-local-news","tag-agency","tag-business-3","tag-guam","tag-saipan-tribune"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/38144","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/23"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=38144"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/38144\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=38144"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=38144"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=38144"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}