Kaipat Issues 11th Interim DOL Report to CNMI Legislature


December 26, 2009


The 11th Interim DOL Report has been issued, which is their typical propaganda and spin. Some highlights follow.

On Umbrella permits: The DOL claims that 96% of the foreign workers that were eligible registered for umbrella permits. It also claims that their new "automation system worked very well in printing the permits."

On DOL's Comments: The department highlighted some of the 46-page comments that they submitted to the DHS. They are still trying to make the claim that their broken system should be adopted. Here is the outline of their comments:
Introduction
I. The proposed rule is overly complex, bureaucratic, and expensive. The regulatory task assigned by the statute is simple, and the regulation should be simplified and streamlined to promote compliance and to avoid unnecessary
burden.
II. The proposed rule should support, and not seek to minimize or eliminate, the Commonwealth's innovative and successfully instituted 2007guest worker program that is carefully designed to meet the Commonwealth's needs.

A. The Commonwealth's 2007 labor system is a fair and effective method for operating a successful guest worker program under the unique conditions in the Commonwealth and should be supported by the transitional federal system.
B. The Commonwealth-issued worker permits and Commonwealth-approved employer contracts should be the foundation of the first two years of the transition period, and no reductions should occur during those years.
C. The DHS interim rule should include a basis on which DHS would collaborate with the U.S. Secretary of Labor so as to make the necessary assessment with respect to a five-year extension of the transition period no later than November 201 1 and to make no reductions in the Commonwealth's work force until the Secretary of Labor's determination on an extension has been completed.
III. The proposed rule will hurt U.S. workers, foreign workers, employers and the Commonwealth 's economy. The rule should be revised to minimize these serious adverse effects and increased burdens while the Commonwealth's economy remains in a deep economic depression.
A. The proposed rule will hurt U.S. workers in the Commonwealth by decreasing the job opportunities available to them.
B. The proposed rule will hurt foreign workers in the Commonwealth by imposing new costs and causing a return to the abuses of the past.
C. The proposed rule will hurt Commonwealth employers by imposing improper, unnecessary, and expensive rigidity in the system.
D. The proposed rule will hurt the Commonwealth by increasing greatly the number of out-ofistatus aliens present in the islands with no concomitant federal enforcement capability available to remove them.
IV. DHS should adopt the Commonwealth's proposed revision of the DHS interim rule to make it workable, affordable, and consistent with the statute.
A. Certain of the facts cited in the explanation of the rule are wrong or misleading and should be corrected.
B. Certain drafting conventions and approaches should be changed to make the rule more readable, more easily understood, and more susceptible to ready compliance.
C. The text of the rule should be changed as proposed below to implement the Commonwealth's comments as set out above.
Conclusion
I am working on a comment to the rules, which will address the misinformation presented in DOL's comment that is their typical propaganda and spin.

Also in the 11th interim report, the labor department commented on the bonding claims which the DOL ignored until they were ordered by the court to enforce their own laws.

DOL claimed that the backlog of labor cases in the Superior Court has grown, claiming that because "of the federal takeover of immigration enforcement, there has been an increase in filings."

Workers to Gather to Write Comments
I encourage all guest workers to make comments to DHS on the rules. There will be a work session for those wishing to submit comments on Sunday, December 27, 2009 at Fiesta Filipino by Juvy Restaurant from 9:00 am - 5:00 pm. The session is sponsored by United Worker Movement-NMI.

10 comments:

Anonymous said...

Deputy Secretary Kaipat:

Ship Mr. Flores' remains back home. Prosecute Helen Sablan. Until those two things get done, you have NO CREDIBILITY TO COMMENT ON ANYTHING!

Anonymous said...

KAIPAT YOU LIAR YOU WRITE LIES IN REPORTS AND LIE TO THE WORKERS LIE TO THE PAPERS LIE TO EVERYONE. LIAR!!!!!

Anonymous said...

KAIPAT YOU LIE TO DHS YOU LIE TO CNMI LEGISLATURE YOU LIE TO THE FEDERAL JUDGE, YOU LIAR!!!

Filipinos for Fitial/Inos said...

Thankfully, the Administration is doing everything possible to preserve a viable economy for our people. It is heart-warming that Cinta has submitted 46 pages of specific, fact-based comments and report, particularly in the face of outrageous vilification and “spin” by those who have duped the poorest of the poor contract laborers into working against their own interests!

Fortunately, the feds will not so easily be deceived.

Wendy said...

Anonymous 8:37 (I do not believe you are a Filipino!)

Cinta's report ( penned by Siemer ) contains many untruthful statements and inaccuracies. I read it. There is something seriously wrong with people who think that if they repeat untruths enough times somehow people will believe them! I will be responding to the misinformation contained in the 46-page report in my own comments.

The federal officials and members of Congress are well aware of the reality of the broken local system. You are right- the federal officials are not easily deceived.

Anonymous said...

Anon 8:37

How does it "preserve a viable economy" for the word to get out that if you die here, the CNMI Department of Labor will let your body rot in the morgue? Wouldn't it be better for the local economy for prospective workers, investors and regulators to see that the CNMI government takes responsibility in such situations?

How does it "preserve a viable economy" for workers and prospective investors to know that those with connections do not have to purchase "mandatory" labor bonds, when honest employers have to? Wouldn't it be better for employers and future investors to see that the CNMI government is committed to a level playing field for all employers?

How does it "preserve a viable economy" for everyone to know that the CNMI can afford to buy a thousand votes in the weeks before an election, but cannot afford $2,000 to ship a dead worker's remains home? Wouldn't it be better for the local economy for the world to see the CNMI committed to meeting its legal obligations, and to the rule of law?

How does it "preserve a viable economy" for the CNMI not to sanction one of its own government workers who breaks the law, and makes the whole CNMI appear bankrupt and corrupt? Wouldn't it be better for the local economy if the CNMI discouraged this type of behavior?

Anonymous said...

Noni 11:46 AM. Don't go thinking on us now.

Filipinos Against Fitial/Inos said...

We need to march to the governor's office to protest the disrespect shown to Mr. Flores and his family.

Anonymous said...

is it possible to have a some sort of a brain-storming session where guest workers gather and work on a list of all the comments that they wanted to post on the federal regulations? and this session should have effective moderators like lawyers or persons knowledgeable in guest worker programs so the output would be encompassing of all relevant comments and issues? thank you.

Wendy said...

Anonymous 9:09

Read over the rules and check out the comments that were written online at the Regulations.gov site. Some of the comments written by the guest workers like Malou B. and others are excellent! You can also read the posts written here that simplify the language of the rules or check out Ferdie de la Torre's excellent Maharlika articles in the Saipan Tribune on different aspects of the rules. They are easy to understand and in question and answer format -like this one: The Transitional Worker Classification
You may also want to call some of the worker leaders listed in the post above.