Alien worker, 66, appeals to Labor for help

A 66-year-old alien worker has appealed to Labor Department Secretary Gil M. San Nicolas to look into his complaint against the defunct garment manufacturer United International Corp.

Yuehan Liu, a Chinese, told Saipan Tribune that he filed a complaint against UIC for serious violation of both federal and local labor, immigration, and tax laws, but a Labor investigator ignored his allegations.

Liu, through an interpreter, said he wants UIC to accurately report to the government his tax payments during his 10-year employment with the factory.

The complainant, who is currently jobless, said he is asking for answers to his claims so he could retire back in his country.

Saipan Tribune tried to contact UIC for comment yesterday, but no one was available. Some former UIC workers interviewed earlier by Saipan Tribune stated that they did not encounter any problem with the management after more than 10 years of working at UIC.

Liu said the U.S. Social Security Administration in a letter dated Aug. 23, 2008, informed him that he is entitled to $266 monthly benefits beginning August 2008.

“If UIC reported my actual tax I am supposed to get a lot more retirement benefits,” Liu said.

In his appeal sent to San Nicolas last week, Liu said that in the tax reports and employment contract, UIC stated that his salary is $3.05 an hour. But Liu said his actual monthly income is $1,500 cash for the past 10 years.

He said UIC didn’t report the tax indicating his $1,500 monthly salary.

Liu said he also raised concern that a UIC employee forged his signature on his first year (1997) employment contact.

After that, he said, UIC never provided him a copy of his yearly employment contract.

He also alleged that UIC forged his signature in the contract.

Liu said UIC hired him as a pattern grader cutter, but his actual duties were art, advertising, photography and performance stage designs.

With respect to time cards, the worker said that, he never punched or signed a timecard in his 10 years at UIC.

He said a Labor investigator would not allow him during a hearing to talk about UIC’s other violations such as 10 Taiwanese and 20-some mainland Chinese in the factory’s management staff who have a similar salary situation as him.

The Taiwanese entry permit job categories were sewers, but their actual job duties were management and administrative work.

“Their salaries were $2,000 to $3,000 monthly, not $3.05 an hour as indicated in the contracts,” he said.

He said the investigator also did not allow him to speak out that UIC forged his recent CNMI tax refund checks and illegally took away his past 10 years’ CNMI tax refund money.

Liu said the investigator forced him to surrender his original entry permit and that if he doesn’t do so, an immigration officer would be called to arrest him.

Labor records show that the labor investigator’s determination issued on Oct. 8, 2008, and approved by Labor Director Barry Hirshbein recommended the dismissal of Liu’s complaint based on unfounded merits.

The investigator recommended that Liu’s other claims should be addressed in a different venue with the proper agency.

The investigator determined that Liu and UIC filed their initial one-year nonresident worker’s contract on Dec. 3, 1997, and continuously renewed such contract up until Oct. 31, 2007. The last contract’s expiration date was Nov. 24, 2008.

Liu was employed as pattern grader cutter. He has worked for UIC for almost 10 years and that his last day of work was Sept. 21, 2008, due to announced closure of UIC’s operations.

The investigator said that, on July 23, 2008, Liu received notice from UIC regarding the intent to shut down garment operations on Sept. 21, 2008, due to economic reasons.

Payroll records showed that Liu was paid his wages in full for all hours worked during his tenure with UIC ending up until Sept. 21, 2008.

The investigator said he finds nothing to substantiate Liu’s claim that he was owed two months wages on a six-month payroll record provided.