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LABOR FRONT
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Posted on Feb 20 2009
[B]Q: If the Labor’s administrative hearing officer issues a decision favorable to the employer, what are the proper steps the complaining alien worker could take to file an appeal?
A: [/B]An appeal can be brought up by filing a notice of appeal on the standard form provided by Labor and making a payment of the fee. According to the new Labor reform law’s regulations, a notice of appeal must be filed within 15 days of service of the decision on the party who is appealing.
Alternative forms of notice by telephone or electronic may be used. The party who seeks relief from the Labor Secretary is called the appellant, while the party against whom relief is sought is the appellee.
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[B]Q: Does the Labor Secretary need to conduct a hearing on an appeal?A: [/B]No. The Regulations state that no hearing or oral argument on an appeal is required. When the Secretary is exercising jurisdiction over appeals from final orders of the Labor administrative hearing office, he or she shall have all the powers and responsibilities of a hearing officer. The Secretary shall notify the parties of the time and place for any hearing on the appeal and shall not schedule the hearing with less than 15 days notice or change a hearing date with less than 15 days notice.
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[B]Q: When the Labor Secretary denies an appeal, can the appellant alien worker ask the court to review the Secretary’s decision?A:[/B] Under the Regulations, a party can file a petition for judicial review in court of a final action of the Labor Secretary after exhausting all administrative remedies. The party should initiate the petition for judicial review within 30 days of the Secretary’s final action. The Regulations state that appeal from the Secretary’s final action shall be directly to the CNMI Superior Court.
[I]Disclaimer: Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. 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 JP Centre on Beach Road, Garapan. [/I]
