Martinez v. Sage Memorial Hospital

OPINION

This case concerns timing for filing a complaint before the Navajo Nation Labor Commission (Commission) under the Navajo Preference in Employment Act (NPEA). The Court vacates the Commission’s decision.

I

The relevant facts are as follows. Appellant Frederica J. Martinez (Martinez) filed a charge with the Office of Navajo Labor Relations (ONLR) on February 1, 2005, alleging that Appellee Sage Memorial Hospital (SMH) violated the NPEA when the Board of Directors rescinded a pay raise approved by SMH’s CEO. ONLR date stamped her charge, but no ONLR employee signed the form to acknowledge…