No Umbrella for Cheated Workers

November 5, 2009

A few days after the Fitial Administration filed documents with the District of Columbia District Court singing the praises of the wonderful CNMI labor system, an attorney has alleged that ex-garment workers with outstanding wages were denied umbrella permits.

The Saipan Tribune reported that the CNMI DOL refused to issue umbrella permits to former Rifu garment factory workers who are suing are owed back wages. Attorney Robert Meyers said 11 of the 40 garment workers that he represents were refused permits. He explained that an insurance company appealed to the DOL and lost the appeal and also "failed to file a timely appeal in the Superior Court."

From the Saipan Tribune:

Myers said he filed an order in aid of judgment with Labor to enforce and collect the unpaid wage awards because they were now final and unreviewable, both administratively and judicially. Myers said Labor, however, ignored him and his filing.

Later, he said, the insurance company sued Labor in federal court. “DOL is saying that the fed suit has nothing to do with the Rifu case, which is also false,” he said.

Myers said Labor thinks the Rifu case is done and the employees have no status and will be sent home despite having unpaid wage awards.

Labor reportedly told him it will use funds from its trust fund to “voluntarily” repatriate these workers.

Myers questioned why Labor would allow a waiver for those on the overstayers' list (and with no case or claim pending) but not for those whose names shouldn't even be on the list and who have claims or cases pending.

“Clearly, the administration is doing something which is completely different,” he said.

The article also states that Attorney Meyers requested help for DOL Attorney Eli Golab with "the issuance of umbrella permits, removal of names from the overstayers' list, issuance of memorandums for temporary work, and to register the unpaid wages claims." He also informed Federal Ombudsman Pamela Brown about the situation:

Myers told Brown that it seems more and more that Labor is trying to get rid of his clients by closing them off from their due process rights.

Myers said he is hoping that the challenges may be easily cured without having to go to the courts.

He noted that even nonresident workers who are overstayers with no case or claim pending may file a waiver request to get umbrella permits.

“If so, then why is it that those with valid claims or cases pending in either the court or labor system having lawful status cannot likewise get the umbrella permit-albeit via waiver [if necessary],” he told the ombudswoman.

Myers said Labor's counsel stated that Labor requires an order from the court directing the issuance of “umbrella permits.”

Myers said he responded that there is no authority giving Labor the power to require a court order to issue umbrella permits.

“While the protocol mentions such court orders, it is just that-merely protocol. It is neither law nor regulation,” he asserted.

This umbrella certainly will never cover everyone. It will be interesting to see what happens with these permits after the election.