6 Gardenia workers seek Labor’s help

Six employees of a corporation that owns Pacific Gardenia Hotel sought help from the Department of Labor yesterday due to the alleged decision by the court-appointed receiver to close the hotel, restaurant, and bakeshop.

The employees, who claimed that they have four to five unpaid payroll checks, have not been reporting for work since Tuesday after receiver Rex Palacios allegedly announced during Monday’s meeting that he was closing Pacific Gardenia, El Segundo Restaurant, and the bakeshop.

When contacted by Saipan Tribune yesterday, Palacios said he has not seen the complaint yet and that, if there is one, he will look at it and respond to it accordingly.

“Anybody can file a complaint. It doesn’t bother me,” Palacios said.

Six employees of Pacific Gardenia Hotel went to Labor to file a complaint against their employer for alleged non-payment of wages. They are Peter Barol, chef/cook; Marlon Bernido, pastry chef; Joseph Boleche, night auditor; Grace Vergara, front desk clerk; Juanito Dabu, cook; and Dave Afable, cook.

All employees, except for Afable who left early due to an appointment, met Labor investigators Ed Camacho and Felix Ayuyu.

The workers, all Filipinos, told the Saipan Tribune that the investigators asked them to submit some papers to substantiate their complaint.

The employees said that Rosalie Gumaya, who is performing as operations manager, called for a special meeting on Monday afternoon, apparently upon Palacios’ instructions.

The workers said Palacios did not show up at the meeting, but gave instructions for the closure through the speakerphone.

The complaining workers said two of them have expiring contracts in May 2006, while the others have until next week. They said that besides the unpaid four to five payroll checks, they were also receiving partial payments for their services.

They also alleged that some “outside workers” have been allowed to operate the businesses.

Meanwhile, another worker, Edgar F. Gonebaten, accountant, also went to Labor yesterday to follow-up on his pending complaint against the Pacific Gardenia owner.

Gonebaten said that he has been jobless since he filed the complaint on Nov. 30, 2005 for unpaid wages and overtime in the amount of $2,000 plus.

The accountant said he also filed a harassment complaint against Palacios when the latter, who was allegedly drunk, challenged him to a fistfight.

Gonebaten said that he also filed a discrimination lawsuit against Palacios before the U.S. Equal Employment Opportunity Commission.

He added that Palacios would say bad words to alien workers, especially when he is drunk.

A former worker also alleged that after the encounter with Gonebaten, Palacios went to him and also challenged him to a fistfight, but he just ignored him. The worker requested anonymity.

In a telephone interview with Saipan Tribune on Tuesday, Palacios insisted that Pacific Gardenia Hotel, El Segundo Restaurant, and the bakeshop are open. He described as baseless the allegations that he ordered the closure, adding that there was no meeting held.

The receiver said the people who are spreading the false information are those who failed in their performance evaluation.

A check by the Saipan Tribune at 11:35am yesterday showed that the El Segundo Restaurant and the bakeshop were closed. Two persons at the hotel’s front desk said the restaurant has been closed since Tuesday because of plumbing problems, but the hotel and Sunset Bar and Grill are still open.

In January 2005, Superior Court Associate Judge Juan T. Lizama appointed Palacios to serve as receiver of Pacific Gardenia Hotel and its affiliated businesses.

Lizama made the appointment based on the request of the Commonwealth Development Authority.

CDA sued Sy’s Corp. that owns Gardenia Hotel for their failure to pay $2.4 million in loan, accrued interest and late charges.