Kaipat blames Benedetto for not reaching a deal

The Department of Labor and the Federal Ombudsman’s Office have failed to reach an agreement on how to deal with the reported $6.1 million in unpaid wages and other damages awarded to alien workers but remain uncollected.

Labor Deputy Secretary Cinta M. Kaipat disclosed that Labor has not been successful in reaching with Federal Ombudsman Jim Benedetto a mutually satisfactory way of dealing with unpaid administrative orders.

In her interim progress report on the implementation of Public Law 15-108 or the new reform labor law, Kaipat blamed Benedetto, who according to her, continues to refuse to provide them with such Labor administrative orders and sworn statements that he has collected from alien workers.

“He (Benedetto) insists that the Department do this work all over again. For that reason, the Department will shortly implement its own program without participation by the ombudsman,” said the former lawmaker in the report that she submitted last Wednesday to the 16th Legislature.

Kaipat and Benedetto had previously at odds over disagreements on some provisions of P.L. 15-108. Kaipat was the principal author of the controversial law.

In February 2008, Benedetto told the media that from 600 his office has now collected 712 Labor administrative orders and judgments that awarded a total of $6.1 million in unpaid wages and other damages to alien workers but remain uncollected.

Benedetto explained he came up with the total amount of $6.1 million after subtracting partial payments received by workers of only $61,928.16 or about one percent of the amount owed.

There are 64 unpaid awards over $20,000; 222 unpaid awards of $10,000 or more; and 462 over $500. The oldest unpaid award dates from February of 1994, according to the federal official.

Benedetto then stated that now the data has been compiled, he will share it with the Office of Insular Affairs and the U.S. Congress.

Benedetto said he will try to come up with a set of recommendations for how best to help alien workers collect the wages they were awarded.

“I will also share the data with the CNMI Department of Labor and the Attorney General’s Office, if they wish to pursue these claims on behalf of the workers, and enforce the orders and judgments of the Labor Hearing Office,” he said.

In her interim progress report, Kaipat said the Superior Court is in a much better position than Labor to secure administrative orders’ payment.

She said Labor has changed its policies and practices with respect to collection of unpaid administrative orders.

“We believe we have a much more efficient and effective way to ensure that as many administrative orders as possible are paid in full,” Kaipat said.

Administrative orders, she said, will now contain directions to the parties as to the steps that are to be taken with respect to payment.

If payment is not received on time, Kaipat said, the party who is owed money will be given a small claims court information packet.

The packet, she said, gives detailed instructions and forms for filing with Superior Court to enforce Labor’s administrative order.

Kaipat said Labor has discussed this procedure with the court and the judge assigned to small claims is willing to take on this additional work.

“This will reduce the Department’s costs and free its personnel for other work,” she added.