Benedetto: Labor was unwilling to assure workers

Federal Ombudsman Jim Benedetto refused to turn over to the Department of Labor his office’s documents regarding the $6.1 million owed to hundreds of alien workers because Labor could provide no assurances that the data would not be used against guest workers.

In an e-mail to Saipan Tribune, Benedetto said he was willing to turn over the documents to Labor if he had assurances that the records would be used to go after the employers and bonding companies who owed the money, and not the workers.

“Labor was unwilling to give such assurances,” he said.

Under the circumstances, the federal ombudsman said, he is not comfortable sharing those records unless each worker gives his or her consent.

Labor and the Federal Ombudsman’s Office have failed to reach an agreement on how to deal with the reported $6.1 million owed to guest workers.

Labor Deputy Secretary Cinta M. Kaipat recently disclosed that Labor has not been successful in reaching with 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 to the 16th Legislature.

In his response to the issue, Benedetto it was always his plan to work with Labor to identify solvent employers and help them assist the workers collect any money that might be available.

The federal ombudsman said he and Labor director Barry Hirshbein have had discussions on how to do this.

He said the sticking point over sharing the records has been how the workers’ information would be used.

Benedetto said he is still hopeful that his office and Labor can work together on the unpaid awards.

“I plan to revisit the issue with Labor when I get back to Saipan,” said Benedetto, who is currently in Washington D.C. to meet with various federal agencies on how to implement the federalization of the CNMI’s immigration system.

He said his office is still in the process of determining how best to help the workers collect their money. The ombudsman admitted he does not know yet what form that help will take.

Benedetto said there are now about 800 unpaid administrative orders that they have collected from the workers, and that “a few more trickle in each day.”

“Our options are some sort of cooperative effort with the Department of Labor, helping workers file individual actions, or perhaps some sort of legal action on their behalf,” he added.

In February 2008, Benedetto told the media that his office has already 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 then stated that he will share the data with the Office of Insular Affairs and the U.S. Congress.

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.