Judge authorizes 48 jobless aliens to seek work

The Superior Court on Monday dismissed the appeals filed by 48 jobless alien workers who were assisted by the federal ombudsman and attorney Stephen C. Woodruff after the Department of Labor agreed to grant them permission to seek work in the CNMI.

In granting Labor’s motion to dismiss the appeals, associate judge David Wiseman gave the 48 alien workers authority to seek work in the Commonwealth.

Wiseman said the workers’ current umbrella permits will be reclassified by Labor from “case pending” to “240K, work authorized” as of Monday, July 11, 2011. The expiration date and next filing date is Nov. 27, 2011.

“This shall be done by administrative action at the Department of Labor and no action on the part of the [workers] is required,” said Wiseman in separate orders.

Assistant attorney general Meredith R. Callan, on behalf of Labor, moved to dismiss the appeals filed by the workers against Labor. Callan attached with the motion Labor hearing officer Deanne C. Siemer’s request to dismiss the pending Labor cases against the workers.

The workers had sought permission to work in the CNMI, but Labor’s hearing officer denied it. The Labor secretary affirmed the hearing officer’s denial.

The workers, with the assistance of the federal ombudsman and Woodruff, each filed a petition for review by the Superior Court of Labor’s adverse orders.

In each of these cases, Siemer said the petitioner is a former garment worker, domestic helper, security guard, or person who held similar employment and who had been out of work for such a long time that Labor refused further extensions of time to transfer. Siemer said no wage claims or any other damages claims are involved.

“None of these petitioners appears to have made any false statement to the department, committed any other fraud, or filed any frivolous action or claim,” she said.

Siemer said Labor’s reasons for making the request to dismiss the appeals are the following:

* It appears from the record that the work authorization is the only relief petitioners are seeking from this court.

* Some of these cases have been pending for a considerable amount of time at Labor and in the court, and these appellants face an uncertain work situation for as long as these cases are pending.

* The resolution of these cases does not adversely impact the overall interests of the Commonwealth in full enforcement of its laws.

* At this time, the Office of the Attorney General and Labor have very significantly diminished resources, both personnel and funding, and must use those limited resources as prudently and wisely as possible.

There are few other similar appeals filed by workers pending in court and may be dismissed too after a status conference is completed.