Labor's Duty To Prefer Local Workers Affirmed

Friday, February 22, 2008


Labor's duty to prefer local workers affirmed


By Ferdie de la Torre
Reporter

Labor Secretary Gil M. San Nicolas yesterday said Labor has a continuing obligation to prioritize U.S. citizens and residents in employment opportunities.


San Nicolas underscored the importance of giving preference to local workers in his decision affirming the Labor Administrative Hearing Office's order that sided with a local applicant who was applying for the post of front desk supervisor at Hafadai Beach Hotel. The hotel had initially rejected her application because she could not speak Japanese.


San Nicolas affirmed the administrative hearing officer's ruling on the language-preference issue and the decision to hire a local, Jannie M. Tenorio, as front desk supervisor.


The Secretary, however, reversed the hearing officer's order that allowed the former front desk supervisor, Jackilyn T. Ruan to transfer to another suitable employer.


San Nicolas granted Hafadai's request to allow the hotel to create and fund another position to retain Ruan as an employee.


“In these extremely difficult economic times, public policy favors the granting of Hafadai's request,” San Nicolas pointed out.


Labor records show that Ruan's renewal application was denied based upon the employer's rejection of a local applicant, Tenorio, who had been deemed qualified by the Labor's Division of Employment Services and Training.


At the hearing, Saipan Hotel Corp., owner of Hafadai Beach Hotel, acknowledged that Tenorio has the basic skills to perform the job of front desk supervisor but argues that Tenorio's lack of Japanese language skills renders her unqualified.


In his administrative order issued on May 16, 2007, Hirshbein affirmed the Labor director's decision to deny Saipan Hotel Corp.'s application to renew the contract of Ruan as front desk supervisor at Hafadai Beach Hotel.Hirshbein granted Ruan, an alien worker, 45 days to seek a new employer.


The hearing officer ruled that while the employer, Saipan Hotel Corp., stated in the Job Vacancy Announcement that they would prefer someone with Japanese language skills, it is not appear that such skills are prerequisite for the performance of the duties of this position.


“However, even if these skills are necessary, it appears that they are attainable through basic classes and on-the-job experience,” he said.


Under these circumstances, Hirshbein pointed out, the employer is required to provide the necessary training.Hafadai and Ruan appealed.T


he appellants, through counsel Marcia K. Schultz, argued that contrary to the hearing officer's ruling, it is critical for a hotel to have Japanese speakers at the front desk as well as supervisors who can deal efficiently with emergency situations.Hafadai said that after receiving the administrative order, the hotel offered Tenorio the position of front desk supervisor, which she accepted.


The hotel also began making arrangements to institute Japanese language training for its employees.


Hafadai requested the Labor Secretary to authorize the hotel to create and fund another position to retain Ruan so as to ensure that a Japanese-speaking staff is available on each shift at all times.


In his order, San Nicolas said Hirsbein properly handled the case.


San Nicolas said that, although Tenorio lacked the Japanese-language proficiency that distinguished her from Ruan, lack of a “preferred language skill” in itself is not enough to disqualify an otherwise qualified resident and U.S. citizen applicant.


The Secretary said Ruan herself testified at the hearing that she acquired her Japanese-language skills through attending language classes provided by her employer and through on-the-job training.


“Thus, Hafadai should hire and train Tenorio as it did with Ruan. In fact, CNMI Labor laws require such training,” he pointed out.


San Nicolas said that since the hotel offered the job to Tenorio, the Tenorio hiring is no longer at issue at the time of the appeal.


“Nevertheless, it should be stated for the record that the hearing officer's ruling on the language issue should be affirmed,” he added.On the creation of a new position, San Nicolas said Ruan's employment is no longer an impediment to Tenorio's hiring.


“Moreover, Ruan's experience and language proficiency will be an asset that would contribute to the successful operation of this employer's business,” he added.