Court seeks names of suing workers
A federal court has ordered plaintiffs of the class-action suit against local garment manufacturers and their U.S. buyers and retailers to name the 23 foreign garment workers who filed the case with the assistance of a New York-based law firm.
They have also been ordered to explain why their identities should not be revealed in the suit that alleged violations of both local and federal labor laws.
In an order issued by Judge Alex R. Munson of the district court for the Northern Marianas, the plaintiffs were also asked to provide the court under seal a list of the actual names of the 23 workers.
Listed as “DOE’S I through XXIII,” the list will be for an in camera inspection and will be provided along with an explanation of each plaintiff detailing the reasons why the identity of each person should not be disclosed.
The order, issued last Monday, gave a deadline on or before February 18.
Meanwhile, Munson has also decided to assign separate civil action for each 22 Saipan garment companies named in the lawsuit.
“Within ninety days after service of the Complainant on any Defendant, Plaintiffs shall file a motion for certification that the action is maintainable as a class action,” he said in his three-page ruling.
The lawsuit, the most serious attack against the local garment industry, was lodged last month along with two other cases initiated by the private Manhattan law firm against these manufacturers, their U.S. buyers and retailers, which will be tried in federal courts in California.
It seeks $1 billion in damages for at least 25,000 similarly situated nonresident garment workers who are, or have been, employed in these companies.
The case in Saipan’s federal court, filed by locally based lawyer Timothy Skinner, has alleged violations of the Federal Fair Labor Standards Act, the CNMI Nonresident Workers Act, the CNMI Minimum Wage and Hour Act and other laws for nonpayment of overtime premiums and minimum wage.
Local garment manufacturers have denied the charges, calling the lawsuit as rehash of allegations of “sweatshop conditions” leveled against the sector by the federal government in the past.
Earlier, the plaintiffs have claimed in their suit that they were not identified for fear of harassment, deportation, arrest and other actions against them and their families which may occur if they agree to reveal their true identities.
According to official records, there are more than 13,000 guest workers employed in the garment sector, most of them were recruited from China.
The industry, whose gross income topped more than a billion dollar last year, supplies clothing merchandise for some of the nation’s leading apparel companies and retail outlets.