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Labor fines radio station owner
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Posted on Feb 25 2005
The Department of Labor fined the owner of a local radio station for its alleged negligent conduct concerning the permit application of a nonresident worker.
Leon P. Ganacias, who operates the station KWAW-FM, was ordered to pay $300 as penalty for taking four months to cure the deficiencies in the application filed on behalf of Eliezer B. Alinas Jr.
Labor hearing officer Maya Kara said Alinas’ permit will not be issued until Ganacias presents a receipt for $300 from the CNMI Treasury.
Records showed that Ganacias filed a timely application for Alinas on Aug. 20, 2004. On the same day, the department issued a deficiency notice after finding that the application lacked a certified job vacancy announcement and a business establishment inspection.
On Sept. 28, 2004, the department denied the application due to the employer’s failure to cure the deficiency.
Ganacias finally produced the certified JVA and the business establishment inspection documents at the Feb. 1, 2005 hearing.
However, the employer offered no credible excuse for the over four months delay in curing the deficiencies, Kara said.
“Based on the evidence presented, I find that the deficiencies having been cured, the department’s denial of the application should be reversed and the application remanded for further processing,” Kara said. “I also find, however, that employer’s delay in curing the application for a period of over four months, together with two continuances that were entirely attributable to employer’s negligent conduct, constitute a willful and inexcusable failure to comport with the law and should be penalized.” (Agnes E. Donato)
