"Are you in or out?"
It sounded like it was an affiliate church of the UMC but it's not. Text messages have been roaming once again urging the non-resident community members to join a "Unity March" on Dec.7 (Thanks for the correction, future House Rep(rigerator) ;-), starting at 5pm from the Minatchom Atdao.
The march is in protest to the recently passed PL 15-108 or more popularly known as the Reform Law introduced by Rep. Cinta Kaipat this year that reportedly would not allow transfers of employment either consensual or end of contract, that non-resident workers will have to exit the CNMI for six months before to be allowed to come back.
What can the march do with the enacted law? Is it a futile attempt of freedom of expression? What's there to change when it had been unanimously agreed and signed in the Legislature and the Executive Branch?
You tell me....
The Reveler
270 comments:
«Oldest ‹Older 201 – 270 of 270The answer is D. None of the above.
thanks pp. ill look it over again to follow up on your points.
I hope people don't start thinking that UNITY fest is a GBLTA fiesta
...not that there's anything wrong with that.
204!
So Sblogger.. are you in support of the upcoming "Unity Festival"? Just curious.
I've heard about you being curious.
...not that there's anything wrong with that.
207!
Translation of Angelo's two comments in response to the "are you in support of the Unity March" question:
He will bash it and do his best to try and undermine it and plant falsehoods about the intent of it in people's minds and then when it comes off as a resounding success he will do a post on how great an event it was and post a ton of pictures trying to ellude to the fact that he had participated in it. The he will state on his blog that he was a part of it.
Hope that clears that up.
Boycott Porky's!
PP
Fencesitter on its finest.
When is a person is sour grapes or sweet lemon?
Can you tell the difference?
Boonieman,
I must admit since the Rules and Regs for the Law were published I have not had the time to sit down and go through everything.
In the business I am in, there is another thing that stood out to me as being wrong with PL 15-108, and that is the new requirement that all contract workers must be insured by a company carrying a "national" rating, US National rating (which is not clarified in the law) probably means AM Best.
Last I checked Staywell, Takecare, Netcare, Selectcare, etc., none of them are AM Best or Nationally rated. A national rating, does not guarantee in any way that a company will not default on thier claims payments. Staywell has been in business for over 25 years and they are not AM Best rated.
So what does that mean?
As an employer, You will now be forced to join in the "pool" insurance that the Secretary of Public Health is putting together for all contract workers? At what price? We don't know yet, could be $50 per month, per employee or it could be $500???
Or you could take a chance that none of your employee's will get sick and "self Insure". (assuming your company meets the 1M in assets requirement for self insurance)
My point, there many more things in this law (other than the most obvious problems which have been pointed out)that don't make sense and are not well thought out.
Clears it up for me. Thanks Plato.
Pragmatic Plato said...
“Contradictions between the newly created regulations and the law itself is a major problem and opens the door to numerous lawsuits.
“The 6 month exit provision is a problem. So too are the exemptions that the regs set up.”
Actually, this is an inconsistent argument. If the law appears too “strict,” then the regulatory provisions softening the exit and transfer portions of the statute should be welcome! Who is going to have standing to complain that the CNMI is being too “lenient” in allowing waivers from the 6-month exit and no-transfer parts of the law for those employer who satisfy the 20% local hire requirements? Gregorio Cruz? The Unity Marchers, if they understood the regs, would strongly support them.
Pragmatic Plato said...
“The stoppage of transfers makes no sense and will encourage frivolous lawsuits since the exemption to this is if a grievance is filed.
“Employment Service division now has greater discretionary powers in that they now will have to review job openings and determine whether to allow the hiring.
“Hearing officers will now have these powers:
- the power to allow a worker to remain in the CNMI while a case is pending
- the power to decide whether or not to grant a transfer”
Again, this is an inconsistent argument. Either they are stopped, or they are not. In fact there will still be administrative transfers, but only upon approval of Employment Services and a Hearing Officer, to eliminate all these sham sponsorship jobs. No grievance is necessary, so frivolous complaints will be reduced.
Pragmatic Plato said...
“Encourages labor officers to not be neutral (for example: he has to dismiss a case if an alien does not show up... but no mention if an employer shows up. Up to labor officers to decide if statute of limitations is met.)
“The grey area regarding whether a worker is sent home when they file a complaint and then have to pay their way back to be at the hearing is also a problem.”
“All the various areas that it grants discretion to the hearing officers opens the door to numerous lawsuits
“The new law creates new functions and complicates old functions for labor hearing officers.”
Judges follow the law every day, such as in issuing defaults, without any lessening of their neutrality. Hearing Officers should be able to do the same. They are intelligent folks who will figure things out very quickly. Likewise, in no other part of the U.S. does filing a lawsuit confer immigration benefits. Attorneys can skillfully represent their clients using telephonic or e-mail communication; there is no “grey area.” There will be no increase in lawsuits unless Hearing Officers act arbitrarily or capriciously.
Pragmatic Plato said...
“The numerous exemptions set forth in the regulations opens up tons of new avenues for corruption.
“There is a greater potential for abuse, selective enforcement and bureaucracy.
“This law will foster new scams and chill workers rights to file complaints unless their contract is up.
What, the current system has no potential corruption, abuse, bureaucracy, or scams?!! In fact, by putting the application and JVA process online, there will be greater transparency under the new system than the old, and local people will actually be able to find jobs. Under the current system, so many “fake JVAs” are made, where the intent is actually to re-hire the Foreign National Worker instead of a local worker.
Pragmatic Plato said...
“Still waiting on what the regs say so far as insuring the workers is concerned.”
That’s really a blessing. Until DPH comes out with the medical regs, small businesses won’t have to spend anything!
Pragmatic Plato said...
“The basic pretense laid out in the "findings" section of the law is outright disgusting.”
What pretense? Our CNMI citizens should be the focus of job-creation. The biggest falsehood undergirding the alarmism raised by Wendy Doromol and her well-intentioned ilk is that the economies of Asian countries are claimed to be moribund. Hello! Economic opportunity in China and the Republic of the Philippines far surpasses that of the CNMI, and even the U.S. mainland. Particularly those workers who have saved a little nest egg with which to begin a business. It is sad the to which the Unity March leaders have been purveying fear, gloom, and doom about all the families that will be returning home, U.S. citizen kids in tow. Their lives will be a lot better in RP or PRC than the indigenous lower echelon graduates of the of our Public School System. Foreign National Workers bound and determined to emigrate somewhere (who are disinclined to start small entrepreneurships in their home countries) should consider Australia, New Zealand, Canada, Ireland, or Italy, all places that are actively recruiting foreign labor. Hanging on, trying desperately to cling to the CNMI in the face of ever-declining economic circumstances, is a fool’s errand.
The real pretense is the intentional blindness of those who will not see that the CNMI has a surplus of workers, who need to go home, and that there are greater opportunities abroad than here.
Pragmatic Plato said...
“The process of drafting the regs was rushed without time to answer concerns.”
The process has been ongoing for months and months, half a year or more, in tandem with the Public Law 15-108. All those concerns were raised at the same time. It is only a few people, who put so much energy in trying to defeat Public Law 15-108, who did not take the time to examine the regulations.
Of course, the group who failed to read and understand the regs (or the law, for that matter), includes our local media. This explains why there are so many misunderstandings underlying this whole issue.
Hmmm? I wonder who the last commenter was? ;) It's actually pretty obvious.
maybe it should've said regulation writer
Perhaps the need to indulge in personal attacks, rather than engaging the substance of the post, bespeaks a lack of merit to the criticism? ;)
With all the well-articulated points made at and after the Unity March, however, I'd not be surprised to see another round of regs and monthly comment.
As Ruth Tighe could attest, comments made on the record in response to actual regulations -- after reading them, of course -- can be much more productive than the self-reinforcing adulation or cliquish vituperation that occasionally appears in the CNMI blogosphere.
But it's oh so much easier to pick on outcasts than actually wade through an inch of pages in dense type.
In a way my question was a bit rhetorical. Sblogger is as transparent as grain alcohol. I knew he wouldn't answer the question, and I figured that if I didn't ask it, he'd do exactly what he did with the march. Having asked the question, I'd venture to say he won't repeat the latter where the Fest is concerned.
How about a Beautify CNMI booth at the fest? BC isn't a political organization right? So it would seem appropriate, considering the Fest will likely draw huge crowds.. to utilize the venue to spread the BC message!
I just have to join the number here. Incredible!
What's GBLTA?
I don't know how many people participated in the Unity March, but it was overwhelming. One thing is clear, everyone I have spoken with who was at both the Martin Nievera concert and the Unity March firmly believes the numbers at the March were far higher. Many estimate participation in the march at twice the attendance at the concert.
The Saipan Tribune reported attendance of 10,000 at the concert.
Thank you to the people of Saipan.
Thank you Mr. Woodruff. Good work.
Easily the largest gathering I've ever seen in the Marianas, at least in recent times.
That PL 15-108 is an awful mess is amply demonstrated by the postings here. I deeply appreciate the effort being taken by posters here to read the law and the draft regulations and really think about the issues.
I'll pass on a detailed analysis -- the magnitude of the mess is amply demonstrated here, and I thank those who went to the trouble of writing it up. There may be errors here and there but that really would be beside the point.
I said it at the rally, and I'll reiterate it here: PL 15-108 is the worst law enacted in the 30 year history of the Commonwealth Legislature.
The only way to ensure that the CNMI Legislature does not continue to screw up the economy, oppress foreign workers, and patronize local workers (undermining their opportunities and making them dependent on politicos) is for the Federal government to preempt this area of law.
As for technicalities, and the interaction of statute and regulations, it must be remembered that a regulation that is inconsistent with the statute is void. Such regulations do not comport with the rule of law, and existence of regulations of that type further fosters the already all too prevalent phenomenon of agency practices supported by neither law nor regulation. There is a saying widespread in the community that Labor and Immigration "make their own law."
This is not the way it should be, but often workers and business have to hire a lawyer just to force the government to follow the law -- and that is when the law is good, or at least not particularly bad. Imagine how awful the situation becomes when the law itself is bad.
All of these problems are compounded with PL 15-108. Further, as one commentor has noted, a statutory or regulatory scheme chock full of systems of "exemptions" is ill-conceived and amounts to little more than an invitation to graft.
As Tina Sablan has said, there is a systemic problem with the way the political game is played in the CNMI, and it has to be changed to avoid implosion of the economy and the quality of island life.
Mr. Woodruff:
G=Gay
B=Bi-sexual
L=Lesbian
T=Transgender
A=Anonymous(?)/Abstainer(?)/Ambiguous(?)/Anal(?)
association?
androgenous?
asexual?
Forget Cinta for Mayor. I was simply amazed by how she vehemently pushed to get this bill passed into law... from what I hear even crying at one point. I thought initially that she just wanted to leave a legacy behind as she exited the seat she occupied for the last 2 years. After having read the law I decided that I think I realized what her real intent was. I told a handful of close friends that I believed that she would go back to being a labor officer. They laughed and told me I was smoking dope. I told them that this labor law is a blank check for any labor officer who doesn't mind take a few bucks under the table in order to grant any of the many exemptions scattered throughout the regs.
Today I was far from surprised by this line in the Variety:
"A former Department of Labor hearing officer before the Covenant Party asked her to run for public office, Kaipat said she looks forward to returning to her old job if the department still wants her service. “I hope to work there and get this new law implemented,” [Cinta]"
Damn, I guess the Mayor slot will be best suited for someone else. Especially after this line in the Trib:
“A lot of people I know probably marched only because they wanted to be part of something they call 'historic.'[Cinta]"
I wonder if she has another clean up scheduled this weekend that will include Freinds of the Marianas group? "Those nonresidents" have been doing one hell of a job helping clean up this islands sites. I know that starting Jan 1st they still will have 3 years of Beautifying before they have to "go home". Damn those nonresidents [sarcastic].
Boycott Porky's!
PP
Some writers have argued that those advocating for improved status for long-term alien residents should "instead" be advocating for improvements for all workers. The fact is Dekada has always supported what is good for ALL workers. See, for example, Dekada aspirations equal CNMI's long-term best interest, Saipan Tribune, June 19, 2005.
Many of the problems the CNMI faces today are directly attributable to the anomaly (in a democracy) of half of the adult population lacking political rights. For example, the CNMI would long ago have raised its minimum wage if all workers could vote. Likewise, immigration issues would have been addressed appropriately, and the specter of federalization would never have arisen.
The inherent distortions in the CNMI's unsustainable dual economy and patronage political system (some would say political feudalism)have led to the failure of leadership and economic and fiscal crisis we face today.
"Votewise '07 said...
The inherent distortions in the CNMI's unsustainable dual economy and patronage political system (some would say political feudalism)have led to the failure of leadership and economic and fiscal crisis we face today.
12/11/2007 12:07 AM"
or it could all be willie tan's fault.
Thanks Mr. Woodruff for your comments. Highly appreciated!
Don't you think that the law has not been that transparent enough that the media is also befuddled by its ambiguity to the public?
I used to have good relations with Cinta and her siblings and have always been loathe to burn bridges, however some things have to be said. Her performance as a hearing officer was almost as bad as her performance as a legislator, and this is a view generally shared by attorneys and lay people who practice before the hearing office. At least I have not heard any practitioners praise or defend her.
That said, with the present administration I would think it pretty much a certainty that she will be handed her old job back on a silver platter. This surely will occur with nary a peep about budgetary, grant, or contractual problems, despite the fact that the two best hearing officers down there, Jerry Cody and Herb Soll, recently went months without a contract or a paycheck (probably illegally in the case of Mr. Cody) while the administration quibbled with DOI over the grant (trying to exempt its spending from Federal standards)and refused to use local funds in the interim.
Of course this is revealing as to the administration's true priorities (fair adjudication of labor claims is low) and impulse to politicize hearing officers. Much of Labor's focus the past two years has been on sending threatening messages (often unsupported in law) to alien workers and seeking to terminate the right to remain in the CNMI of as many workers as possible as quickly as possible.
The Governor's "they are all illegals" quip at the Insular Affairs subcommittee hearing reflected the official attitude -- any "uppity" worker should be sent home, and all workers should be presumed "uppity" until they show appropriate levels of deference.
But I digress. This is an oversimplification, hearing officers such as Jerry Cody and Herb Soll try hard to do their jobs professionally despite internal stresses -- and I don't want to get started on the campaign against supposed "illegal sponsorships," as manifesting economic illiteracy and opportunities for profound unfairness to workers.
One has to wonder what would bring Cinta to such emotionalism in getting her bill passed. Pride and having so much invested in it perhaps. But I want to think she would not stoop so low as to take "a few bucks under the table," let alone consciously design a system to facilitate that.
A more probable explanation is the effects of that peculiar drug, power. Unfortunately, people in the CNMI who aspire to leadership positions are particularly susceptible to addiction to this drug. I had one conversation with Cinta in which I was explaining to her some of the flaws in certain legislation that had been passed. She became almost testy and curtly informed me that "We had to make a decision, and that is what we decided" (or words to that effect). Discussion terminated.
If one is all wrapped up in being "the Decider," then anything that might prevent one from so being is emotionally traumatic.
The excessive discretionary and functionally conflicting powers of hearing officers in PL 15-108 raise serious constitutional problems, but a hearing officer focused on power and prerogatives and having an inflated and unrealistic self-image of Solomonic abilities would be blind to this and deem them a good thing (useful tools).
Cinta needs to return to the things she does really well and where she makes a positive contribution to the community -- politics and the hearing office are not among them. As a licensed attorney, maybe she should try advocacy -- it's eye opening.
GBLTA -- I'm almost sorry I asked. On the other hand, perhaps folks would be interested in this.
wow
gblta sounds like a big ol' tasty sandwich:
gianormous bacon lettuce tomato and avocado!
im missing the Bat(e)man in this discussion. wonder why he's been very quiet...
He's busy at Porky's. I heard he set a record last night...two customers.
bwahahaha!
Boycott Porky's!
He's busy at immigration office getting the greencard for his wife. In his mind that is alright. Without marriage it is insane. How dare the immigrant workers attempt to improve their status without being forced to marry a US Citizen. That is crazy talk. That is the only shot a bunch of people have at getting hitched and now the Feds want to take that away from us. We were never promised that we would have to compete on level playing ground with our smarts and our looks. The Blue Passport of love is being taken from us and handed to our "not be future brides".
I will boycott porky's!
Boycott the bread...
Boycott the remittance..
Boycott pork..
Who's next?
The moral... Get out of the way so you won't be hurt!!!
Got it Brats?
What if you're a masochist?
where's unity there?
Ooooooops! Sorry Rev, my bad..
Peace to all!!
hurt me, baby.
(with music) ...one more time!
will hurt you bad baby...;-) lemme know....
oops sorry for that. i got carried away. on to our discussion!
LOL @ rev...
So was the march effective at all (based on news today)?
i think so. unless you thought the march would stop legislation that was already to be signed.
i think the march was effective in getting the guest workers united for a change.
aren't there usually power (or mover) struggles in each of the organizations?
i think the march was also effective in raising the pubic awareness to the issues here and letting the world know what's happening on saipan.
...just my dos pesos
I don't think any reasonable person thought the march was going to have some instantaneous affect. This week folks concentrated on writing letters. I've heard of another big activity planned for January. The march was successful in bringing together alot of the various groups. The march was successful in demonstrating just how large part of this community that supports these things is.
We can't judge the true effectiveness of all of these efforts until all is settled with federal immigration efforts. This, in the end may mean after a two year "review", if the special status for long-stay nonresidents is in the end removed.
"BOYCOTT PORKY'S!"
shall we put up a drinking and food station during the march? $1 for soda and $5 for hot dinner with 3 choices of dishes to go with yellow rice....
If you believe in this cause.. you should distribute what you can for free :)
i just got off the phone with greg cruz and he said that TTT will donate a 50lbs. sack of rice.
surprisingly, he didn't specify if it was "white" rice...
lania people. don't you know si goru cruz is taotao tano? don't mess with him braaaat! fan makilu!
si goru is the champion of our people! he is keeping our blood pure! see? he married his first cousin just to make sure its reaaaaaaaaaaaaaaaaallllly pure!
two old sayings about marrying your first cuz:
1-incest is best.
2-if you can't keep it in your pants, keep it in your family.
bwahahahahaha! biba si goru cruz! goru cruz for gobetnu!
Remember, respect, love and kindness....
so if greg became governor would his wife be known as the first cousin or the first, first lady?
Okay, we'll all remember those things while we bash Gregorio over the head. We'll put them into practice right after.
There is no need to bash Greg. What he needs is some deep soul-searching and prayer from everyone. I wish Greg had more love in his heart. What values will he teach his children? That my children are not indigenous because they are only 37.5% Chamorro, or Chamoru?
I've experienced racism here and in the U.S. and it is tough for me, because I am too white for Saipan, and I'm too brown for some places in the U.S. We all bleed the same color blood Greg!
What if Greg needed a blood transfusion and a Filipino blood donor gave him blood? Would that make him Filipino?
Could you imagine what the CNMI would be like if we stopped preaching about race and started tackling the real problems? Could you imagine if some people stopped complaining that he can't get a job and went back to college (via NMC) or worked on acquiring skills which would make him employable?
I was working since I was twelve years old. When I was in college, I went to school full-time and had two jobs. That pales in comparison to other people who had it much harder than I did, like my father and mother.
LOVE THY NEIGHBOR PEOPLE
i think he has to go back to high school and bone up on those esl classes before he goes to nmc...
maybe he can start at my "little darlings" daycare first to get him ready for the real thing
I don't think Gregorio realizes that he is probably already mostly Filipino blood.
Greg can't be Filipino blood. He has no talent and is super lazy and fat and believes that incest is best. BTW, when his parents and in-laws got together for the wedding, they said, "Hi Chelu!"
What can the unity fest do btw?
It's not about just one activity Rev. It's about continuous work. It can continue to bring people out who may have been afraid to speak out, it can demonstrate further unity, it can bring further attention to the cause.. it can serve to address any number of things. Hopefully Rev, you wrote some letters this week.
so much to say but people have already been speaking...
the march could again be regarded a "neo-nazi" movement here on the island.
sorry still can't get over that letter...
Oh yeah "neo-nazi".. whites, chamorros, filipinos, chinese, bangladeshi, carolinians, jews, christians, muslims, buddhists, etc... very "newo-nazi".
People haven't been speaking enough. For years people weren't speaking out of fear. And still, that huge group that showed up at the park, was likely just a portion of those that could have showed up, but didn't for various reasons.
Good things do not fall into the laps of those who simply sit around waiting. Good things usually aren't a matter of chance, they are the product of work. Now is the time to work.
i believe it is the culture of the islanders to keep mum on issues due to affinity to every one else.
i dig you lil.
Wow, you think we're gonna hit 300 on this blog? Someone make an "off the wall" comment so we can do it!
Anyone?? JK.
Alright Ed, since it's almost Christmas.. your wish is granted -
prediction:
TTT will organize a march that will garner no more than a few hundred people. It will secretly be supported by a particular business establishment and a particular Floridian, in an effort to "pay back" supporters for attacking them and vindicate either their hostility or their indifference.
Cryptic - somewhat.. read between the lines.
so the PL 15-108 implementation is going to be delayed?
Sharing the comments from YouTube about the video on the march:
AgentFearKiller (1 day ago) -
I guess these contract workers never ever want to go back home to their country where they' re needed the most to help improve their homeland. Sorry, but to fight for the right to live on someone else's land is a disgrace to your own people back home.
bichnheat (9 hours ago) - i think being in our homeland doing nothing to make it better is disgusting enough. especially so most of us are relying on food stamps instead of working... without these migrant workers where would our economy be? remember they are also paying taxes. some of the food stamps our people are getting come from their contributions!!
AgentFearKiller (7 hours ago) -
I don't understand why you should do nothing? Is there no other opportunities for your people? You also have the choice to work and live somewhere else. Sometimes change can do wonders if you work hard, learn, and find your special place in life. You can't depend on foodstamps forever. It is not a noble way to live. Help your countrymen back home, they need you.
isn't libra mae sparks fucking ridiculous? they need to out this person for who it really is!
if i wrote that poorly, i guess i would use a pen name, too.
...that should work.
Libra Mae? Who's she in the comments?
SOMEONE SAID: Greg can't be Filipino blood. He has no talent and is super lazy and fat and believes that incest is best. BTW, when his parents and in-laws got together for the wedding, they said, "Hi Chelu!"
WOW!
too lazy to post these days...maybe it's the season....
I guess my real question is are we equating laziness, obesity and incest with being Chamorro? Chelu? That's what I get from that statement and I'm having trouble believing that could be ignored. Hmmm
Thanks for the wonderful comments on this post!!!
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