Labor Administrative Hearing Officer Barry Hirshbein said because Antonio Reyes was also replaced by another U.S. citizen as general manager of the Saipan Triple Star Recycling Inc. there was no wrongful termination committed based on race.
“The hearing office finds by a preponderance of the evidence that employee (Reyes) was replaced as GM by Vicente Duenas, a U.S. citizen. There was no wrongful termination. Likewise, these was no violation of citizen preference,” Hirshbein said in an order issued last month.
According to documents, Reyes worked for almost three years at the recycling plant and was terminated on May 10, 2010 after the employer was not pleased with their long-term lease agreement and cleanup issues with Solid Builders.
Reyes was later replaced by Duenas whom he thought was a foreign worker.
He later challenged his replacement’s employment.
“When employee learned that his ‘replacement’ was a foreign worker, he decided to challenge the termination on the basis of violation of citizen worker preference,” Hirshbein said in his order.
However, during a succeeding hearing and investigation, it was established that Duenas is also a U.S. citizen.
As GM at the plant, Duenas was earning $600 biweekly and did not have hiring and firing authority unlike Reyes who then argued his replacement was a token employee.
But Hirshbein said although Duenas’ duties differ with that of Reyes, his responsibilities are as substantial as his.
“Duenas testified that he works 40 hours a week with a biweekly salary of $600. He makes decisions about the daily operations and oversees all aspects of the business…. The hearing officer finds that this is not a token hire,” Hirshbein said.
He concluded that there was no wrongful termination committed on the part of the employer.
However, he said it should pay Reyes his accumulated unpaid vacation leave valued at $1,200.
