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Pre-hearing conferences
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Posted on Dec 15 2006
[B]Q: What do the parties in a labor case expect from pre-hearing conferences before the Labor’s administrative hearing office?[/B]
A: The administrative hearing officer may discuss any topic that may facilitate the resolution of the matter, including settlement at pre-hearing conferences. These conferences should be conducted in the most expeditious and effective manner, including by telephonic communication, correspondence, or in-person. The hearing officer should give reasonable notice of the time, place, and manner of the conference.
According to the CNMI Alien Labor Rules and Regulations, upon motion of a party or upon the administrative hearing officer’s own motion, the administrative hearing officer may direct the parties and or their counsel, if any, to participate in a conference prior to or during the course of the hearing.
This can be done when the administrative hearing officer finds that the proceeding would be expedited by such a conference.
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[B]Q: What actions should the Labor administrative hearing officer’s take as a result in conducting pre-hearing conferences?[/B]A: Actions taken as a result of a conference should be reduced to a written order. But if the administrative hearing officer concludes that a stenographic report shall suffice, or, if the conference takes place within seven days of the beginning of the hearing, the officer may elect only to make a statement on the record at the hearing summarizing the actions taken.
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[B]Q: Can parties to a Labor dispute move to suspend proceedings at any time after the commencement of an administrative hearing?[/B]A: Yes. The parties jointly may move to defer the hearing for a reasonable time to permit negotiation of a settlement or an agreement containing findings and an order disposing of the whole or any part of the proceeding. The allowance of such deferment and the duration shall be within the discretion of the administering hearing officer.
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[I]Submit questions on labor issues to Saipan Tribune via e-mail at editor@saipantribune.com, or by calling 235-6397, 235-2440, or 235-8747 and leaving a message at Ext. 133 or 135. You may also submit questions in person by writing it down and dropping it off at the Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan. [/I]
