Inability to strictly enforce and control labor violations

In Friday’s April 28th news article, the Department of Labor claimed that lack of understanding of labor laws, regulations and policies is causing the filing of a number of “unnecessary” labor cases that continues to consume the government’s resources. It was further claimed that to address such problem, the department has launched its educational outreach program to educate interested employers and employees alike concerning such laws, rules and policies.

This measure in and of itself is not a bad idea. However, my arguments are three-fold:

1. Since the inception of our government’s control over labor and immigration, submission of labor complaints has been an ongoing and consistent problem, contrary to necessity or otherwise.

2. I strongly believe that the primary cause stems not so much from lack of understanding of laws, rules and policies but rather from loopholes within existing rules and regulations and questionable conduct and behavior of certain labor officials.

3. The severe lack of enforcement and control is definitely a major contributor.

You see, it is much easier to submit a “cup of lies” rather than to admit a “teaspoon of truth” especially when the public, as well as our government, knows darn well that the real cause of the problem behind these violations stems primarily from the severe lack of strict enforcement and control. It matters not one iota how prominent our labor rules and policies are if enforcement and control is absent or severely lacking. Any law, no matter how well its intentions might be, aren’t worth the paper it’s written or printed on if there is a lack of enforcement.

If in fact the Department of Labor had been trying its best to stop such violations from taking place, then it is also just as true that it has not been trying hard enough because these same or similar violations continue to exist over many years, with no end in sight. What is needed with respect to greatly reducing our labor problems, as with all other problems in the Commonwealth, is “gambori”—a Japanese term for “action.”

Washington Rep. Pete Tenorio claimed that the Commonwealth received a black-eye as a result of the Ms Magazine article. Not only did we receive a black-eye, which is quite damaging, but we just added fuel to the fire with regards to our already tarnished image involving labor reforms.

In my opinion there are two provisions within existing labor statutes which, if pursued vigorously and in accordance to its mandate, will no doubt resolve a major portion of what is truly tarnishing our image in the eyes of the U.S. federal government:

* Article 1, Section 4411, Para (b) clearly mandates stricter enforcement, control, and regulation of nonresident workers; and

* PL 11-6, Section-8, Page-9, (Criminal Penalties) which specifically mandates that any employee of the Commonwealth government who knowingly or willfully issues or causes to be issued any official document which would facilitate either the entry of an alien into the Commonwealth or the employment of an alien in violation of the provisions of this Act or the provisions of any regulation promulgated there under is guilty of a felony, and shall be punished by imprisonment of not less than one year but not more than five years and by a fine of up to $10,000.00. A person convicted under this provision shall be terminated from his employment and shall not be re-employed by the Commonwealth government, in any capacity, for a period of five years after the date of conviction.

Article 1, Section 4411, Paragraph (b) would certainly eliminate majority of unnecessary complaints, and Section-8 (Criminal Penalties) would likewise greatly reduce if not eliminate entirely the questionable conduct of some Labor officials that have existed for years and exist to this day through a system called “Protection through Connection.” In essence, any provision with good intentions is of no use if enforcement is absent or severely lacking, just like a gun with a bullet will cause no damage if the trigger isn’t pulled to initiate the process. Utilizing the old excuse of lacking manpower and funding is a cliché in itself nowadays.

Top-level officials who are appointed to manage and lead others within the Labor Department must possess the ability to influence their subordinates in the accomplishment of their organization’s objectives, utilizing the least amount of effort, to produce the maximum amount of results, in a minimal amount of time if they are to achieve the ultimate goals of the Ben & Tim administration. Combine this ability with genuine determination to truly enforce Article 1, Section 4411, Paragraph (b), and Section-8, Page-9 of PL 11-6; and all of you would truly be worthy of being called leaders.

Jack T. Quitugua
Garapan, Saipan
Tel: 287-9604 or 234-0114