John John H. Cruz filed the complaint for judicial review of agency action against the Labor Office through its acting secretary Gil M. San Nicolas.
Cruz, through his counsel Stephen C. Woodruff is asking the court to set aside and vacate the Labor secretary’s decision and declare it null and void without any legal force or effect. He is also asking the court to vacate the Labor secretary’s order on appeal and the matter remanded for grant of transfer relief.
Cruz said that on May 25, 2007, his employer Ramon M. Sablan submitted and application to the Labor office to hire him as a farmer. He said a conditional grant of transfer was approved on the same day. Cruz said he worked for Sablan in June and July of 2007 and was paid for his services. In August of 2007, Cruz said that his employer told him to stop farming and was not provided any work afterward.
In Sept. 2007, he testified against his employer in a Compliance Agency case at the Labor office. On June 4, 2008, Cruz filed a labor complaint against his former employer on the grounds that Sablan breached the employment contract by abandoning him. He said that almost a year later, Labor hearing officer Jerry Cody granted him immediate transfer relief.
Cruz said that his labor case was not closed because the matter was set for hearing last week. He said the only logical explanation for the anomaly is that the Labor office concluded that based on his complaint letter, his valid claim for breach of contract damages needs to be determined.
The Labor office procedures with respect to mediations is that if the dispute is resolved at mediation, an order reflecting the settlement is entered and the case is closed. If the dispute was not resolved, the matter is referred for investigation and hearing.
Cruz said that there was no order from the Labor office following the hearing on July 29, 2008. He said he received an order from the Labor office on April 20, 2009 ordering him to depart from the CNMI once a repatriation ticket was issued either by Sablan or the bonding company.
Cruz appealed to the Labor secretary on May 5, 2009. On June 23, he received a Secretary’s Order on Appeal which he said put his substantial rights in jeopardy. He said the order stated “it is fair to order repatriation and deny him monetary …” Cruz said the order was signed by Deputy Secretary of Labor Jacinta M. Kaipat and not by San Nicolas.
Cruz said the position of deputy secretary of Labor does not exist in the CNMI laws, therefore the document was not a valid act of the Labor secretary. Cruz said the order of appeal was issued capriciously and not lawfully made, contrary to constitutional right and privilege, and does not conform with applicable law.
