By Haidee V. Eugenio
Variety Assistant Editor

FORMER Pacific Gardenia Hotel and Sunset Beach Bar general manager Ronald Sablan entered into an illegal sponsorship with his former employee and, as part of the mediation of the case, agreed to pay the worker more than $4,000 in back wages covering almost two years, according to the Department of Labor.
Sablan, who is also a former president of the Hotel Association of the Northern Mariana Islands, acknowledged that in trying to help his former employee Nely V. Fiel, he violated the Nonresident Worker Act.
Fiel also acknowledged her violation of the Nonresident Worker Act. Both parties agreed to pay $500 in sanctions for their violations.
Labor Hearing Officer Barry Hirshbein, in an administrative order on Friday, said the sole purpose of this labor case was to determine whether the nonresident worker was entitled to transfer relief.
The labor hearing officer denied Fiel’s request for transfer relief and ordered her to depart the CNMI within 15 days after Sablan, the employer of record, delivers a repatriation ticket to the Department of Labor or the matter will be referred to the Division of Immigration.
Sablan was ordered to provide the repatriation ticket within 15 days of the service of the April 27 administrative order.
According to the three-page order, Sablan hired Fiel in May 2004 but, by the end of that year, Sablan suffered financial setbacks and could no longer afford to employ Fiel. Sablan told Fiel she would have to find another employer.
Hirshbein said it is not clear who made the proposal but the parties agreed that Fiel would work two days per week without pay and Sablan would continue to be the employer of record. The nonresident worker would then work for other employers.
Fiel has worked in the CNMI since 1991 and did not want to lose her legal status in the CNMI. The arrangement with Sablan allowed her to maintain her work/entry permit.
“It seems that the arrangement worked for the parties. Mrs. Fiel worked part-time without pay for almost two years. She had a regular one day a week part-time outside employer and found other occasional employment. In the second year, Mr. Sablan provided free housing,” said Hirshbein.
The parties submitted a new application for employment in September 2006. According to Hirshbein, some problems arose with the processing of that application and it was never approved.
In March this year, Fiel filed a labor complaint.
Hirshbein said during the mediation of the case, the parties agreed to settle the monetary claims.
“As part of the settlement, Mr. Sablan agreed to pay Mrs. Fiel more than $4,000 in back wages. Mr. Sablan acknowledged that in trying to help Mrs. Fiel, he violated the Nonresident Worker Act. Mrs. Fiel also acknowledged her violation of the Act,” said Hirshbein.
The labor hearing officer said Sablan and Fiel violated the Nonresident Worker Act when they changed the terms of their employment contract. Fiel also violated the Act when she engaged in unauthorized employment with another employer.
Hirshbein said the evidence weighs heavily against granting Fiel’s request for transfer relief.
“Mrs. Fiel had the opportunity in 2005 and 2006 to transfer to another employer. She did not exercise that option but rather chose to continue with Mr. Sablan under the ‘sponsorship’ arrangement,” Hirshbein said.