Hearing Officer Barry Hirshbein also vacated the scheduled hearing on June 10 for the case of Nina E. Braganza.
“There is a significant issue of law in this case regarding the jurisdiction of the hearing office in cases of ‘local’ preference,” Hirshbein said.
During a hearing on April 20, attorney Michael White appeared for Island Supply International Inc., the employer, while attorney Robert Myers represented Braganza.
In his June 4 order, Hirshbein said the facts are undisputed: Braganza is a lawful permanent resident and she qualified as a local hire as defined by CNMI law.
He said Braganza was an “at will” employee without a contract.
The administrative hearing office, he added, is granted jurisdiction over violations of the job preference and workforce participation requirements only.
He said a plain reading of the local labor law limits the jurisdiction claims permitted to be adjudicated by the administrative hearing office.
