Misamis Construction (Saipan) Ltd. failed to comply with the 20 percent local workforce requirement as stipulated in Labor’s Aug. 12 and Oct. 14 administrative orders, according to Hearing Officer Jerry Cody.
He said Misamis Construction is also barred for one year from filing any employer intent forms if it attempts to employ foreign national workers through the administrative transfer process.
“Any improper filing of an employer intent form by Misamis after the date of issuance of this order shall result in a $1,000 fine against Misamis,” the order dated Dec. 17 stated.
Any petition for administrative transfer to Misamis that are currently pending consideration, will be denied immediately, Cody said, adding that those petitioners will be granted time to seek alternative employment.
Cody said any renewal of existing work permits submitted by Misamis will be subject to applicable provisions of the employment rules and regulations.
To qualify for these renewals, he said Misamis will be required to continue to comply with the prior administrative orders issued by Labor.
On Dec. 10 Misamis operation manager Barrie Ladd said they had recently arranged for 12 of their guest workers to take extended “vacations” in the Philippine during a recent work stoppage at the Laulau Bay construction site.
The Laulau Bay Resort project suspended operations due to the crisis involving the Korean currency.
Cody said Misamis has a poor record of compliance in the hiring of resident workers.
The Division of Employment Services and Training said Misamis’ past record of resident hiring “had been so completely inadequate that more assertive measures were needed to ensure that the construction firm will make a good faith effort to hire and employ [more] citizens and permanent residents….”
In October, the division objected to the company’s petitions for transfer, saying that Misamis was not making good faith efforts to meet its obligations to employ citizens.
“One of the issued raised…was the charge that resident workers who were listed as hired nevertheless were not being put to work on a full-time basis,” Cody said.
It was established during the hearing that Misamis failed to keep its resident workers fully employed, he added.
According to Cody, Misamis “seems to believe it can furlough workers from its syupended projects for indefinite periods of time while, at the same time, hiring additional nonresident workers to begin other projects.”
Cody said if Misamis has excess manpower in one area and a shortage in another part of its operations, it should utilize its existing workforce rather than hire more workers.
“The circumstances suggest that Misamis does not have sufficient work in the CNMI for its existing workforce,” he said.
