2 alien workers with Saipan-born kids sue Labor

Two long-term alien workers who have Saipan-born children and have lost their jobs due to the economic downturn have brought the Department of Labor to court after special counsel Deanne Siemer denied their request for an extension to find new employers.

Amelia Alava and Pevima Cordero, through their counsel Stephen C. Woodruff, argued that pursuant to labor law, only Labor administrative hearing officers can grant or deny transfer relief.

In their petition for judicial review filed in the Superior Court, Alava and Cordero also questioned the signature in the orders denying their appeal. According to them, the signature was that of somebody other than Labor Secretary Gil M. San Nicolas.

Woodruff asked the court to set aside the decision and ordered a briefing schedule for processing the appeal.

Superior Court Associate Judge David A. Wiseman set a status conference for May 28, 2009 at 1:30pm.

Alava is an ex-Onwell Garment employee and has lived and worked in the CNMI for over 15 years. She has a 13-year-old Saipan-born daughter.

Cordero has lived and worked in the CNMI for many years. She has a 2-year-old daughter and a 1-year-old son, both U.S. citizens.

As a result of the shutdown of the local garment industry and economic downturn, Alava and Cordero lost their jobs.

Woodruff said the two were unable to find new employers within the 30-day period required by Labor.

Woodruff said that Labor’s policy and practice allow for an extension of time to transfer upon a showing of sufficient legal or equitable grounds to justify it.

The lawyer said Alava and Cordero filed with Labor a request for additional time to transfer on July 1, 2008, and June 30, 2008.

Woodruff said that on July 14, 2008, Labor issued virtually identical orders denying the workers’ requests for extension of time to transfer. He said Siemer signed the orders “for” Labor administrative hearing officer Jerry Cody.

The plaintiffs appealed to the Labor Secretary.

Woodruff said that on March 19, 2009, the Labor Secretary executed two documents affirming the denials. He said the two orders are virtually identical or “copycats” of each other, save for the name of the workers.

The lawyer pointed out that the form of the signature on these documents suggests they were actually signed by someone other than San Nicolas.

Woodruff said the orders contain no discussion of the situation or the plaintiffs’ circumstances, no citations of authority, and no analysis of the facts or the law.