Wednesday, February 11, 2009

Thursday, February 12, 2009
Local
Thursday, February 12, 2009

Labor successful with backlog project but falls behind in processing appeals

By Ferdie de la Torre
Reporter

The Department of Labor has successfully completed its backlog project relating to labor applications and labor cases, but it is falling behind in processing appeals.

Labor Secretary Gil M. San Nicolas said the number of labor appeals increased last year because of the labor applications and the labor case backlog project initiated by the department.

In a report, San Nicolas noted that when they cleaned up the backlog of labor cases and agency cases, a small percent of those decisions were appealed.

With respect to labor applications, he said when they worked on the backlog, a portion of those were denied, and some of those denials were appealed.

“Although the numbers of appeals are not large, it takes time to process each appeal, and we were falling behind because of the new workload,” the Secretary said.

He said when the backlog project was initiated, they employed “outside lawyers” to assist Labor on a temporary basis, and set up a new monitoring system within the department.

As of July 15, 2008, Labor is reportedly almost entirely current with respect to old cases.

San Nicolas said the performance benchmark for the 2008 and 2009 appeals is to issue opinions within 60 days of the receipt of the appeal.

Monday, February 9, 2009

Local
Tuesday, February 10, 2009

Labor to new alien workers: No orientation, no permit

By Ferdie de la Torre
Reporter

The Department of Labor has been conducting hearings for the revocation of work permits issued to alien workers who entered the CNMI after Jan. 1, 2008, and failed to attend an orientation session within a week of arrival. The cutoff marks the effective date of Public Law 15-108, the new labor reform law.

“We gave these workers two weeks in which to complete the orientation requirement and those who failed to do so have had their entry permits revoked and have been repatriated,” according to Labor Deputy Secretary Cinta Kaipat.

The new labor reform law, which was authored by then Rep. Kaipat, requires orientation for every alien worker entering the Commonwealth.

Labor conducts orientation sessions for newly arrived alien workers every Tuesday mornings since the regulations became effective on Feb. 1, 2008.

During the sessions, foreign workers hear a presentation on their rights and responsibilities under CNMI law. Labor personnel question them about their job situation.

“We have discovered workers entering with phony documents, workers entering with no employer, workers entering with documents describing one job but the actual work appears to be a different job, and many variations on these themes,” Kaipat said. (Ferdie de la Torre)

Thursday, February 5, 2009

Friday, February 06, 2009
Local
Friday, February 06, 2009

Labor's workload drops as workers leave
'But scrutiny of hiring of alien workers has increased'
By Ferdie de la Torre
Reporter

The Department of Labor's overall workload on the alien workers' side dropped slightly in 2008 as the number of foreign workers present in the CNMI went down.

But Labor's scrutiny of each proposed employment of a foreign worker has increased substantially, according to Labor Secretary Gil M. San Nicolas and Labor Deputy Secretary Cinta M. Kaipat in a report to the Legislature.

The scrutiny, San Nicolas and Kaipat said, has led to more denials of employment applications and more Labor denial hearings.

The Fiscal Year 2009 budget has cut Labor's full-time personnel to 46 (from 85 in 2006). The budget has also cut funding for other expenses by 25 percent over the 2006 level.

The two Labor officials said that, as of Dec. 31, 2008, Labor had issued 22,917 work permits in the foreign worker immigration category.

San Nicolas and Kaipat pointed out that the department counts only its administrative operations; it does not conduct any census of alien workers actually present in the CNMI.

They said the number of permits issued is greater than the number of workers present in the Commonwealth at any given point in a typical year because some permit actions are contract amendments or extensions and affect a single worker.

The officials said some permit holders elect to leave the CNMI during the year for personal or employment reasons, while employers implement reductions in force and cancel “issued” permits for some of their workers.

San Nicolas and Kaipat said some employers close their businesses entirely and Labor cancels their “issued” permits.

There are reportedly 37 alien workers who do not hold permits but have temporary work authorizations. Seventy foreign workers do not hold permits, but have memoranda authorizing them to seek work while their labor cases are pending.

Wednesday, February 4, 2009

Wednesday, February 04, 2009

Labor says Siemer 'cleaned up' all pending cases

By Ferdie de la Torre
Reporter

Lawyer Deanne Siemer completed in 2008 a two-year project to clean up all pending labor cases that have accumulated at the Department of Labor's administrative hearing office from 1997 through 2007.

With the conclusion of the project, all 4,897 labor cases from 2007 and prior years have been closed, according to Labor Secretary Gil M. San Nicolas and Labor Deputy Secretary Cinta M. Kaipat in a report to the Legislature.

Exceptions to the closed cases were 22 cases from those years remaining on appeal in San Nicolas' office as well as 27 cases remaining in the Commonwealth courts, they said.

The two top Labor officials said the Administrative Hearing Office heard in November 2008 the very last 2007 case.

As part of the implementation of the performance benchmarks for Labor investigators and hearing officers who handle labor cases, Kaipat reportedly implemented a weekly tracking system for all cases filed in the current year.

San Nicolas and Kaipat said the tracking spreadsheet is updated every week and shows what cases have come in, whether the case has been mediated, what the status of the investigation is, when the case is scheduled for hearing, whether an administrative order has been issued, and whether an appeal has been filed or the case has been closed.

“This system has resulted in a more orderly processing of 2008 cases with no cases lost in the administrative work between investigators and hearing officers,” the two officials said.

Last year, 253 cases were filed at Labor. The Hearing Office reportedly completed 157 of those cases, while 96 cases remained open for investigations, hearings, and opinions to be completed during 2009.

San Nicolas and Kaipat stated that at Labor's Processing Division, Labor Director Barry Hirshbein accomplished the task of reducing over 11,000 pending applications to fewer than 1,000 by July 2008.

“Using the new automation system, we are now running about two to three weeks to get most application processed,” the officials added.

Monday, February 2, 2009

Labor issues 22,917 permits for guest workers
Tuesday, 03 February 2009 00:00 By Junhan B. Todeno - Variety News Staff
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THE Department of Labor issued 22,917 permits in 2008 for guest workers.

Labor issued a total 29,700 permits for nonresident in different categories, and of this number 18,500 were Filipinos, according to a report submitted by the department to the Legislature.

Labor Secretary Gil M. San Nicolas said the department counts only its administrative operations and does not conduct any census of foreign workers actually present in the commonwealth.

He said “the number of permits issued is greater than the number of workers present in the commonwealth at any given point in a typical year because some permit actions are contract amendments or extensions and affect a single worker.”

He added that some permit holders choose to leave the commonwealth during the year for personal or employment reasons.

Some employers implement reductions in force and cancel their “issued” permits for some of their workers, while some employers close their businesses entirely and their issued permits are then cancelled by the department.

According to Labor’s report, there are 37 additional foreign workers who do not have permits but who hold temporary working authorization, and about 70 foreign workers who do not hold permits but hold memoranda authorizing them to seek work while their labor cases are pending.

The total number of guest permits given to workers from the Philippines was 15,602; China had 4,567; Korea, 729; Thailand, 574; Japan, 537; Bangladesh, 333; and others not specified by Labor, 575.

The Philippines also topped the list of permits issued to non-alien immediate relatives — 1,401.

China had 338; Bangladesh, 309; Thailand, 126; Japan, 92; Korea, 64; and other nationalities, 79.

Korea had the most number of permits for alien immediate relative with 438; followed by the Philippines, 385; Japan, 76; China, 61; Bangladesh, 6; Thailand, 1; and other nationalities, 39.

Korea also topped the list of permits for tourist-long term category with 606 in total.

The Philippines had 522; China, 160; Japan, 62; Thailand, 5; and others, 69.

Korea received 162 foreign student permits; China, 159; the Philippines, 133; Japan, 18; Thailand, 2; Bangladesh 1; and others, 16.

There were 167 government contract worker permits issued to those from the Philippines; 2, China; 1, Japan; and others, 23.

Eighty-four missionary permits were issued to Koreans; 57 to Filipinos; five to Chinese; one to a Bangladeshi; and 10 to those from other countries.

Labor said it issued 90-day business permits to 18 Japanese; 10 Chinese; 10 Filipinos; 8 Koreans; and 1 Thai.

Of the 180 business permits issued last year, 52 were given to those from the Philippines; 21, Japan; 6, China; 2, Korea; and four to other nationalities.

There were 129 long-term business permit issued to Korean businessmen; 49 to Japanese; 42 to Chinese; 17 to Filipinos; one to a Thai; and 17 to those from other countries.

For long-term business IR permits, Labor issued 122 to Koreans; 20 to Filipinos; 27 to Chinese; 18 to Japanese; and two to people from other nationalities.
Labor identifies hundreds of applications from sham employers
Tuesday, 03 February 2009 00:00 By Junhan B. Todeno - Variety News Staff
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THE Department of Labor identifies about 300 to 400 questionable applications for sponsorship in an average quarter, according to Labor Secretary Gil M. San Nicolas in his report to the Legislature.

About 4,000 to 5,000 applications for sponsorship every quarter are reviewed by the Labor director and his staff.

“The new [labor law, P.L. 15-108] provided better tools for identifying sham employers and the director of Labor is doing an outstanding job of finding sham sponsorships in the applications that are submitted,” San Nicolas told lawmakers in his 2008 Annual Report to the Legislature dated Jan. 30, 2009.

San Nicolas said applications from sham employers have been turned down, but some applicants have filed an appeal.

“This is an additional workload for the Hearing Office, and these hearings in denial cases are held on Thursdays and Fridays on a special docket,” he said.

San Nicolas also discussed his department’s efforts against overstaying aliens.

He said the Department of Labor will publish the lists of overstayers for the second quarter of 2008 on Feb. 9; for the third quarter on Feb. 15; and for the fourth quarter, by the end of the month.

The list of overstayers for the first quarter of 2008 was published in June 2008 and contained 25 names.

The lists for the second and third quarters were held up while the department finished Phase II of the project, San Nicolas said.

For Phase II of the project, he added, the department completed the review of all records for calendar years 2003 through 2007.

The list of overstayers for these years was published on Dec. 1, 2008.

The list, which was forwarded to the Immigration Division, contained 575 names, the report stated.

Labor estimates that over 90 percent of overstating foreign workers in the commonwealth were among those who entered the CNMI during the years 2003 through 2008.

San Nicolas attributed the increase of overstayers in the CNMI to the unemployment of guest workers.

But he added that Labor office has new procedures to deal with overstayeers who are former contract workers.

He said the Immigration Division is responsible for overstayers who came in as tourists, businesspeople, investors, religious workers, students or foreign media representatives.

In Phase I of the project, he said Labor created a quarterly system for publishing the lists of overstayers.

At the end of each quarter, all permits that expired during the quarter are examined to determine if the holder of the permit still has current status to stay in the commonwealth, San Nicolas said.

He said while Labor identifies potential overstayers it also publishes a list to allow the persons on the list to correct their status if an error has been made.

The list is then certified to Immigration for deportation proceedings, he added.

Sunday, February 1, 2009

Labor briefs trade institute students on private sector jobs
Monday, 02 February 2009 00:00 By Emmanuel T. Erediano - Variety News Staff
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THE Department of Labor’s employment and training services division conducted a career orientation seminar at the Northern Marianas Trade Institute on Friday to discuss private sector employment.

Alfred Pangelinan, director of the Department of Labor’s employment and training services division, briefs the students of Northern Marianas Trades Institute last Friday. Photo by Emmanuel T. Erediano

Alfred Pangelinan, director of the Department of Labor’s employment and training services division, briefs the students of Northern Marianas Trades Institute last Friday. Photo by Emmanuel T. Erediano
NMTI education director Vic Cepeda said the seminar was attended by 17 students and discussed skills in dealing with customers and clients.

Alfred Pangelinan, director of Labor’s employment and training services, was the guest speaker.

He briefed the students about what it takes to get a job in the private sector — from one’s appearance to working attitude.

Cepeda said he was impressed by the students interest in the topic.

More local residents are now getting serious about getting jobs in the private sector, which remains dependent on foreign workers.

Most local residents work for the CNMI government, which pays higher wages.

NMTI student counselor Rose Igitol said they now have a total of 62 students — 40 in the core curriculum class which teaches the pre-requisites, 12 in electrical, 10 in carpentry; eight in sewing, six in plumbing, and four in painting.

This coming weekend, Igitol said the National Center for Construction Education and Research will conduct an instructor’s certification course at the NMTI.

Bert Johnson of Guam Trades Academy will conduct the certification course for NMTI’s 13 prospective teachers.
WASHINGTON, D.C. (Office of the CNMI Congressional Delegate) — Congressman Gregorio C. Sablan is pushing ahead with his effort to get an extra 180 days before federal immigration control begins in the islands.

Sablan met with Department of Homeland Security Assistant Secretary Richard Barth at the congressman’s Cannon office building on Capitol Hill to exchange views and information about the impending transition to federal immigration.

“There are substantial reasons for pushing back the June 1 transition date,” Sablan said. “And Congress foresaw that there might be. That’s why Public Law 110-229 does allow the secretary of Homeland Security to decide to delay implementation.”

He added, “I had a very productive conversation with Mr. Barth, who brought a team of experts from the department with him to our meeting. I think we are in agreement that continued contact and discussion is going to be essential to a smooth transition and I look forward to working with the new Obama administration in this way.”

Among the key issues that Sablan believes argue for a extension of time is the difficulty of putting up adequate border controls in the little time between now and June 1.

“One of the reasons that the visa waiver program for Chinese and Russian tourists is a problem,” according to Kilili, “is that DHS wants to have the ability to use state-of-the-art immigration controls at the six CNMI border entries. But this costs money. And no money has been appropriated by Congress to set up the NMI borders. So it makes sense for me to work in Congress to get the needed funds for fiscal year 2010 and have DHS complete the build up of the entry points after Oct. 1, when the fiscal year begins and new money could be available.”

Sablan said he and Barth also discussed the timing of the transition.

The change of administrations in Washington has resulted in a delay in publishing regulations covering investor visas and other issues related to the federalization of immigration in the Northern Marianas.

Sablan said there is little time for public comment and consideration of those regulations before they have to go into effect on June 1.

“We want to make sure that when federal immigration control begins it doesn’t hurt individuals and businesses already in the commonwealth,” said Sablan. “That’s why I’m working for the six-month delay.”
Local
Monday, February 02, 2009

Fitial assures Chinese association he will 'fight' for their NMI stay

By Moneth Deposa
Reporter

Gov. Benigno R Fitial assured the Chinese community on island that his administration will continue the “fight” for their stay in the Commonwealth.

Over a hundred Chinese nationals gathered at Fiesta Resort & Spa Saipan Saturday night for their final hooray to the Chinese New Year.

Fitial, one of the event's guest speakers, had spoken before the crowd about the challenges faced by the CNMI in this Year of the Ox.

Press Secretary Charles Reyes Jr. yesterday reiterated the position of the governor on the exclusion of the Chinese and Russian markets to the Guam-CNMI Visa Waiver program which is slated to be enforced on June 1.

“The governor will not give up and assured Chinese nationals that he will continue to address that,” Reyes said, adding that the administration is working closely with federal policy lawmakers on how changes can be effected on the regulation.

The press secretary described the federalization law the “perfect financial storm” for the CNMI.

He said what the governor wants is for the federal government to continue to look for solutions that will protect both the national security as well as the islands' economic security.

“China is a very significant market for us.especially on Tinian,” Reyes said, alluding to the mostly Chinese clientele of the casino industry on island.

Fitial, along with local lawmakers, is pushing for at least delay on the implementation of the federalization law to give NMI ample time to build the necessary infrastructure.

“For the governor, it's worth giving all our efforts for these markets,” he said.

During the Jan. 26 celebration of Chinese New Year, Chinese Association of Saipan chairwoman Rose Chan said they were saddened by the federal government's decision.

“We will miss Saipan,” she told Saipan Tribune, admitting that the arrivals from China will see a significant decline once federalization takes into effect.

She believes that the “new system” may take away the interest of many Chinese who want to visit the island.

“But we're still hoping for the best for the CNMI,” she said.
Local
Monday, February 02, 2009

Fitial assures Chinese association he will 'fight' for their NMI stay

By Moneth Deposa
Reporter

Gov. Benigno R Fitial assured the Chinese community on island that his administration will continue the “fight” for their stay in the Commonwealth.

Over a hundred Chinese nationals gathered at Fiesta Resort & Spa Saipan Saturday night for their final hooray to the Chinese New Year.

Fitial, one of the event's guest speakers, had spoken before the crowd about the challenges faced by the CNMI in this Year of the Ox.

Press Secretary Charles Reyes Jr. yesterday reiterated the position of the governor on the exclusion of the Chinese and Russian markets to the Guam-CNMI Visa Waiver program which is slated to be enforced on June 1.

“The governor will not give up and assured Chinese nationals that he will continue to address that,” Reyes said, adding that the administration is working closely with federal policy lawmakers on how changes can be effected on the regulation.

The press secretary described the federalization law the “perfect financial storm” for the CNMI.

He said what the governor wants is for the federal government to continue to look for solutions that will protect both the national security as well as the islands' economic security.

“China is a very significant market for us.especially on Tinian,” Reyes said, alluding to the mostly Chinese clientele of the casino industry on island.

Fitial, along with local lawmakers, is pushing for at least delay on the implementation of the federalization law to give NMI ample time to build the necessary infrastructure.

“For the governor, it's worth giving all our efforts for these markets,” he said.

During the Jan. 26 celebration of Chinese New Year, Chinese Association of Saipan chairwoman Rose Chan said they were saddened by the federal government's decision.

“We will miss Saipan,” she told Saipan Tribune, admitting that the arrivals from China will see a significant decline once federalization takes into effect.

She believes that the “new system” may take away the interest of many Chinese who want to visit the island.

“But we're still hoping for the best for the CNMI,” she said.
Monday, February 02, 2009
Local
Monday, February 02, 2009

DUE TO CLOSURE OF GARMENT FACTORIES
DOL sees downward trend in labor cases

By Ferdie de la Torre
Reporter

The Department Of Labor has observed a downward trend in the number of labor cases, filed primarily due to the closure of the garment factories.

Labor Secretary Gil M. San Nicolas, in Labor's 2008 annual report to the Legislature, said that only 253 labor cases were filed in 2008 as compared to 812 in 2004.

San Nicolas said that, in 2005 there were 420 labor cases, then the number went down to 358 in 2006, and further decreased in 2007 with only 392 cases filed.

The trend in labor cases was among the many labor issues discussed by San Nicolas and Labor Deputy Secretary Cinta M. Kaipat in the annual report forwarded to the Legislature last Friday.

With respect to the number of labor hearings, the secretary said the trend in 2008 was also downward primarily due to the success of Labor's mediating cases.

The trend in claims, San Nicolas said, was toward unpaid wages and away from the claims of no job provided, poor working conditions, and lack of effective supervision.

“During the period 2006-2007, only four claims involved injuries on the job and only two claims alleged unwanted physical contact,” he said.

In 2008, San Nicolas said, there were no claims that involved either injuries on the job or unwanted physical contact.

On the number of alien workers legally present in the CNMI, the secretary said as of Dec. 31, 2008, Labor had issued 22,917 work permits during the year in the foreign worker immigration category.

He explained that Labor only counts its administrative operations; it does not conduct any census of alien workers actually present in the CNMI.

San Nicolas said the number of permits issued is greater than the number of workers present in the Commonwealth at any given point in a typical year because some permit actions are contract amendments or extensions and affect a single worker and some permit holders elect to leave the Commonwealth during the year for personal or employments reasons.

He said some employers also implement reductions in force and cancel their “issued” permits for some of their workers, while other employers close their businesses entirely and their “issued” permits are cancelled by Labor.

The secretary said there also 37 additional foreign workers who do not hold work permits but who hold temporary work authorizations.

He said there are 70 alien workers who do not hold work permits, but hold memoranda authorizing them to seek work while their labor cases are pending.
Monday, February 02, 2009
Local
Monday, February 02, 2009

Delay start of federalization-Kilili

By Kristi Eaton
Reporter

Congressman Gregorio “Kilili” Sablan met with a Department of Homeland Security official recently in an effort to delay the start of the federalization law.

Sablan (I-MP) met with Department of Homeland Security Assistant Secretary Richard Barth at the congressman's Cannon office building on Capitol Hill to exchange views and information about the impending transition to federal immigration beginning June 1. As part of the Public Law 110-229 signed into law last May by President Bush, federal immigration laws will extend to the CNMI, something that local government officials, business and tourism leaders, and community members believe will be detrimental to the Commonwealth's workforce, tourism market and economy.

“There are substantial reasons for pushing back the June 1 transition date,” Sablan said in a statement. “And Congress foresaw that there might be. That's why Public Law 110-229 does allow the Secretary of Homeland Security to decide to delay implementation. I had a very productive conversation with Mr. Barth, who brought a team of experts from the department with him to our meeting. I think we are in agreement that continued contact and discussion is going to be essential to a smooth transition and I look forward to working with the new Obama Administration in this way.”

One of the key reasons Sablan said he is asking for a delay is because there has been no money appropriated for border controls. One of the reasons that China and Russia were recently left out of the Guam-CNMI Visa Waiver program, Sablan noted, is that DHS believed border security was not adequate at this time.

“But this costs money. And no money has been appropriated by Congress to set up the NMI borders,” he said. “So it makes sense for me to work in Congress to get the needed funds for fiscal year 2010 and have DHS complete the build up of the entry points after Oct. 1, when the fiscal year begins and new money could be available.”

A change in administration has also affected the timing of the implementation, Sablan said. With Obama and his new cabinet members just now coming into office, publishing regulations regarding investor visas and other federalization issues have been delayed, therefore leaving little time for public comment and consideration before June 1.

“When the law was drafted, I don't think anyone took into account how a presidential transition might affect the implementation timeline. But this is another reason that it makes sense to use the 180-day extension the law allows,” he added. “We want to make sure that when federal immigration control begins it doesn't hurt individuals and businesses already in the Commonwealth. That's why I'm working for the six month delay.”

Meanwhile, the congressman said a Legislature-approved bill would triple funding for the CNMI's children's health insurance program

“This is one of the largest percentage increases for any state or territory,” he said. “And the bill is on track to be signed into law very shortly.”

The State Children's Health Insurance Program is targeted at families that earn too much to qualify for Medicaid but cannot afford private health insurance for their children. Democrats in Congress twice had similar legislation vetoed by Bush. Obama is expected to sign the new SCHIP bill, fulfilling a campaign pledge to expand health insurance coverage for children.