(a) If at any time subsequent to the employment of a nonresident worker pursuant to a clearance order the Commissioner, upon notice to such effect by the Employment Service or upon his own investigation, shall ascertain that there is available an occupationally qualified resident worker to fill the position of such nonresident worker, or if at any time the Commissioner finds, after investigation and hearing, that the public interest and welfare demand such action, the Commissioner shall notify the employer in writing and thereupon the employer shall, after giving the nonresident worker 14 days notice of such fact, terminate the employment of the nonresident worker.
(b) A resident worker who has replaced a nonresident worker pursuant to the provisions of this chapter and whose services are contracted for without a definite term may not be discharged except for incompetence, insubordination, misconduct, violation of employers' rules and regulations or other just cause and shall not be replaced by the same or by any other nonresident worker unless so discharged and no other resident worker with the required skills is available.
(c) Any discharged resident worker, who is aggrieved and believes his dismissal was without just cause, may file a complaint with the Commissioner within 10 working days following such dismissal, and the Commissioner shall cause an investigation to be made. If upon investigation the Commissioner determines that a prima facie case of wrongful dismissal exists, he shall hold a hearing at which the employer and employee may introduce evidence to establish the facts. If it is the Commissioner's determination that the worker was discharged in violation of the provisions set forth in this section, then the Commissioner shall order the reinstatement of the worker, and the employer shall be ordered to pay the employee back pay from the date of dismissal to the date of reinstatement. The hearing and determination of the Commissioner shall be concluded not later than twenty (20) working days after the date of filing of the complaint.
(d) No employer shall reduce the regular workday or workweek of resident workers for the purpose of giving employment to nonresident workers.
(e) Any layoffs, by reasons of reduction in force, shall affect nonresident workers first. No resident worker shall be laid off while a nonresident worker is retained in the same occupational classification for which the resident worker is qualified and available.
(f) No clearance order shall be approved by the Employment Service to an employer for work in any place of employment where a strike is in progress, nor in any case where said order will aid directly or indirectly in filling a job (1) which is vacant because the former incumbent is on strike or is being locked out in the course of a labor dispute, or (2) the filling of which is an issue in a labor dispute. For purposes of this section, the Commissioner shall certify to the Employment Service when he finds that a strike or lockout is in progress or that filling of a job is an issue in a labor dispute.