Ombudsman warns vs massive changes in alien labor law

Federal Ombudsman Jim Benedetto warned local leaders yesterday from making massive revisions to the Nonresident Workers Act, as doing so would result in possible federal intervention.

Speaking during yesterday’s Saipan Chamber of Commerce meeting at the Aqua Resort Club, Benedetto said the U.S. Congress continues to scrutinize the CNMI over “continued concern over labor abuses, the President’s immigration initiative, and the investigation into influence peddling by Jack Abramoff.”

He said that, while the new administration plans to make reforms and do away with unnecessary regulations, he cautioned that “not all government regulation is unnecessary.”

In terms of labor issues, he said that the Nonresident Workers Act and the Alien Labor Rules and Regulations “do not need significant revisions.”

Among the “red flags” that he said could potentially provoke an unwanted and unpleasant response from the U.S. Congress are:

* any change to the Nonresident Workers Act or the regulations that would have a chilling effect on a worker’s right to file a complaint;

* any change that would unduly interfere with law enforcement’s ability to investigate labor abuses;

* any change that would take away a worker’s right to due process;

* any change that would take away “substantive rights” such as taking away the right to transfer to another employer;

* any change that allows large numbers of workers to come without adequate safeguards;

* any change that negatively impacts the national security of the United States.

Benedetto said that allowing a large number of workers to come without jobs and no means of support would create massive socio-economic problems, and would be perceived as an irresponsible exercise of local control over immigration.

He said that allowing workers in without adequate travel documents, or from countries that do not provide adequate safeguards as to the authenticity and verifiability of travel documents, would be perceived as irresponsible and dangerous.

The ombudsman said the law only needs to be fully implemented.

“To my knowledge, the NRW has never been enforced the way it was intended,” he said.

He cited that about a third of all workers’ complaints reaching his office deal with nonpayment of salary and wages at least biweekly, as the law requires.

The law, he said, gives the Department of Labor the right to look at the employer’s books to see any violation.

The law also gives the department the right to interview the workers concerned.

“It would take any of us just a day or two to confirm whether an employer owed wages or not. We would pick up the phone and call the employer and say, ‘Ill be over at 1pm to look at your books…then I’ll want to interview all your workers privately. Have them available.’ By the end of the day, you’d know whether the employer owe any wages,” he said.

A notice of violation may be issued in a day or two and the case could be scheduled for adjudication.

Under the current law, a temporary work authorization is effective for 90 days. The case should be resolved during this period.

Unfortunately, he said, DOL takes six to 12 months to complete such an investigation.

This delayed action, he said, could be solved not by amending the law but simply by hiring more investigators and hearing officers.

He said he understands that the government has limited funding but he said that it could tap the $9 million annual income from the business community—the nonresident workers application fee—to address such a problem.

“I don’t think it’s too much to ask that Labor be allowed to keep enough of those funds to do its job,” he said.

Benedetto said he looks forward to meeting with newly installed Gov. Benigno Fitial to discuss these issues with him.