The petitioners in the labor case were Nur Hossain, Kumar Pradip, Amzad Hossain, Shafiqul Islam and Melquiades Balasoto, former employees of Misamis Corp., also known as Misamis Construction (Saipan) Ltd.
The petitioners filed respective complaints stating that Misamis owed them unpaid wages.
Misamis Corp., through its counsel Steven P. Pixley, said that based on information and belief, the petitioners filed their complaints in order to remain in the CNMI.
Misamis appealed the DOL order on the basis that the hearing officer made a mistake in considering the records and that three of the appellants had been working illegally at other jobs during the time they were supposed to have been employed by Misamis.
The secretary of Labor entered a final order on June 24, 2008.
Pixley said the administrative order should be set aside because DOL failed to comply with applicable statutes and regulations.
He said hearings should be conducted within 30 days from the issuance of notice of violation but DOL failed to issue a notice of violation, conducting the hearings approximately eight years after.
Pixley said the award of damages to the complainants is not supported by evidence during the administrative hearings.
The petitioners appealed to the secretary of Labor about their cases which were filed during the years 1999 to 2000.
Records show that administrative hearings were conducted at DOL on Oct. 2007, eight years after the filing of the complaint. The administrative hearing officer entered orders awarding the complainants damages and other relief on Nov. 6, 2007.
DOL, through acting Secretary Jacinta M. Kaipat, ordered on June 24, 2008 that appellant Balasoto will be awarded a total of $686.25; Amzad, $1,244.40; Nur, $6,483.66; Shafiqui, $5,279; and Kumar, $3,822.48.
Misamis Corp. was ordered to pay the awards in full to the appellants within 30 days of the date of the order.
Associate Judge David A. Wiseman has scheduled a status conference for Aug. 7, 2008 at 1:30 p.m.
