Amendments to fair labor bill sought

Acting Attorney General Herb Soll yesterday called for changes on the proposed comprehensive labor laws under review by the House of Representatives, which he said could give more freedom to nonresident workers whose presence in the CNMI should be kept under control.

He also said provisions of the legislation should be re-examined, noting that the existing mechanism resolving disputes between workers and employers has curbed labor abuses on the island.

Testifying before a hearing conducted by the Judiciary and Governmental Operations Committee, he stressed HB 12-134 would allow thousands of guest workers to move freer than what they are currently enjoying.

“We have to have control on their presence in the community. The reason they are here is to fulfill a labor contract,” Mr. Soll told the panel.

Offered by House Speaker Benigno R. Fitial, the proposal patterned after the Federal Labor Standards Act, excepting the minimum wage provisions, will overhaul local labor laws to do away with the stringent regulations and administrative requirements.

It seeks to simplify, among other things, the process of hiring guest workers in the Commonwealth by taking the Department of Labor and Immigration out of the negotiation of any job contract between the employee and the employer as is the procedure under the present system.

The measure will also set out living and working conditions and include provision to ensure a fair deal for local workers.

But Mr. Soll, a former hearing officer at the Division of Labor prior to his AG assignment, urged the Legislature to look into the system in place in DOLI as he disclosed that half of the labor complaints have been settled in the mediation stage.

“It has improved in the last four years. There has been tremendous margin,” he told the panel chaired by Rep. Dino M. Jones.

The chief government lawyer was commenting on one of the key provisions of the legislation in which all labor disputes will be sent to Commonwealth courts for resolution.

He said that the House must determine whether the court is the proper place to settle labor problems as it would require more formalities and legal representation, even for the workers.

Assistant Attorney General Andrew Clayton, legal counsel for labor division, noted that with over 400 labor cases now, the court will be deluged with all these disputes which could lead to more problems.

The proposal also raises concerns as it fails to address some common problems being faced by the division. Mr. Clayton cited such cases as guest workers found moonlighting with a second job or whether the court will issue temporary working permits while the labor dispute is pending.

“There’s still a long way to go [before the bill can be enacted],” he told the hearing.

The JGO committee is expected to receive other comments from other agencies and private sector groups, like HANMI and SGMA which have asked for more time to review the bill before coming up with recommendations, according to its chairman.