Labor favors Kanoa Resort over rejection of US citizen applicant

Labor administrative hearing officer Jerry Cody has cleared Kanoa Resort Saipan from a labor complaint filed by a U.S. citizen job applicant who alleged that that hotel rejected his job application for the position of maintenance manager without just cause.

In his administrative order last week, Cody ruled that, based on the evidence presented, Carlton T. Stevens failed to meet his burden of establishing that he was qualified for the position.

“The job announcement stated the qualifications for the job as a minimum of six years of experience in hotel maintenance operations. Complainant lacked this experience,” Cody said.

Cody heard Stevens’ complaint at the Department of Labor’s hearing office on May 22, 2014. Stevens appeared without counsel. Asia Pacific Hotels Inc., owner of Kanoa Resort Saipan, appeared with general manager Mark Ratliff, human resources manager Joe Ada, and counsel Steven Pixley. Labor appeared through investigator Jeff Camacho.

According to Labor records, Kanoa Resort posted a job announcement on Labor’s website advertising the position of maintenance manager of the hotel. Stevens saw the announcement and contacted the hotel directly to apply for the job.

Ratliff testified at the hearing that he reviewed Stevens’ resume and concluded that he lacked the experience required for the position.

On Oct. 21, 2013, Ratliff informed Ada via e-mail that complainant did not have the “experience needed” for the job and instructed Ada to renew the present manager.

The hotel’s current maintenance manager has extensive work experience in hotel maintenance. He worked for 16 years (1993 to 2009) as an electrician and all-around maintenance person for Saipan Grand Hotel. Between 2009 and 2014, he worked as the resort’s maintenance coordinator/acting supervisor, maintenance supervisor, assistant maintenance manager, and maintenance manager.

The hotel’s management found him to be qualified for the job and recently renewed his contract.

Stevens’ résumé states that his work history is primarily in the area of wastewater management. On Saipan, he worked for two years for the Commonwealth Utilities Corp. as a wastewater facility manager. Prior to coming to Saipan, he worked in wastewater operations from 1986 until 2010.

Most of his jobs were in wastewater operations as an operator, supervisor, or consultant. Most of his jobs were for municipalities or the government of the U.S. Virgin Islands.

The only hotel-related experience listed on Stevens’ resume is his work as a “contract operator and consultant” for wastewater facilities at various resorts in the U.S. Virgin Islands.

Labor investigated the case and concluded that complainant was “not fully qualified for the maintenance manager position,” and therefore, Kanoa Resort had not committed a violation by not hiring Stevens for the position.