tag:blogger.com,1999:blog-5269105299671477561.post5558008390925588734..comments2023-11-05T20:02:03.805+10:00Comments on Saipan Middle Road: My Boo! My Boo!Unknownnoreply@blogger.comBlogger22125tag:blogger.com,1999:blog-5269105299671477561.post-33223534190980608392007-11-25T16:07:00.000+10:002007-11-25T16:07:00.000+10:00Ed, I'm not sure it is "the Administration" puttin...Ed, I'm not sure it is "the Administration" putting fear into the hearts of would-be striking contract workers as much as it is employers who would jump at the chance to non-renew employees in advance of the end of their one-year contracts, thus cutting business losses for the time it takes to process a replacement, which could be a while if not needed immediately.<BR/><BR/>The Administration hasAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-34586219474910127462007-11-25T13:51:00.000+10:002007-11-25T13:51:00.000+10:00Armchair attorney - In fact, the EEOC visited the ...Armchair attorney - In fact, the EEOC visited the CNMI recently to get a better feel of how they can better serve the people here. Besides educating the business-side of the community, Micronesian Legal Services suggested presentations and Q&As with the other side, whether it be with Tao Tao Tano, Dekada, the Chinese associations, etc. Hopefully, the EEOC will be able to pursue this, and we'll O. Calimbashttps://www.blogger.com/profile/07957137786335818425noreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-49825059286291304342007-11-25T12:28:00.000+10:002007-11-25T12:28:00.000+10:00Do you think the administration has the right to p...Do you think the administration has the right to put fear into the hearts of contract workers that if they strike they will be fired and sent home? What kind of a fascist regime is running the show on Saipan? Is this the CNMI Government Gestapo? Contract workers wouldn't strike for citizenship. They would strike in protest of PL 15-108! I hate fear tactics. This is exactly why I wanted to Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-16234883550338453932007-11-24T11:57:00.000+10:002007-11-24T11:57:00.000+10:00Good! I think people will find that a great deal ...Good! I think people will find that a great deal more federal law applies in the CNMI than not.<BR/><BR/>Thank you, Omar, for your cogent and detailed explanation of the recent CNMI Supreme Court decision. So rather than saying that federal garnishment law doesn't apply here, it would be more accurate to say that federal garnishment law modifies or limits local garnishment law, but we don't Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-86276813003738206212007-11-23T15:25:00.000+10:002007-11-23T15:25:00.000+10:00I think that non-resident worker contracts require...I think that non-resident worker contracts require "cause" for terminating the relationship. They can't just yell 'take this job and shove it.' You'll need a valid reason, which usually means that the other party breached the contract in some fashion, like not paying the employee, or not showing up to work.<BR/><BR/>In contrast, for a vast majority of employees in the States, they are employed O. Calimbashttps://www.blogger.com/profile/07957137786335818425noreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-46724407698990757132007-11-23T15:17:00.000+10:002007-11-23T15:17:00.000+10:00In response to armchair lawyer:The court never rul...In response to armchair lawyer:<BR/><BR/>The court never ruled whether the federal law on garnishment restrictions geographically reaches the CNMI, because it didn't need to. The court specifically noted this in its decision. The reason is that , if there is no CNMI law that provides for garnishments, then the federal law restricting garnishments has no effect in the CNMI. It's another way of O. Calimbashttps://www.blogger.com/profile/07957137786335818425noreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-53416098073500045732007-11-23T07:20:00.000+10:002007-11-23T07:20:00.000+10:00The contracts I have signed on Saipan have been in...The contracts I have signed on Saipan have been included clauses that said both parties could end the contract at any time. No questions.<BR/><BR/>In my lifetime I've quit several jobs and I've been fired twice. But I'm an American citizen. <BR/><BR/>The right to look for another job is not something that overseas workers have. They used to have it in the Marianas, but starting in January, ifAngelo Villagomezhttps://www.blogger.com/profile/00970383305205702533noreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-37490523934185335502007-11-23T07:16:00.000+10:002007-11-23T07:16:00.000+10:00Employers have the right to get rid of a worker fo...Employers have the right to get rid of a worker for no reason...they only get into trouble when they have a reason that is racist, sexist, based on religion.<BR/><BR/>Political affiliation is usually not protected.Angelo Villagomezhttps://www.blogger.com/profile/00970383305205702533noreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-31162105031968114282007-11-22T22:32:00.000+10:002007-11-22T22:32:00.000+10:00Omar, your prior post was misleading. From your o...Omar, your prior post was misleading. From your own blog, the federal law <B>does apply</B> in the CNMI:<BR/><BR/>"In reaching its decision, the court made a difference between a garnishment and an “order in aid of judgment,” which is the typical CNMI court order that requires a debtor to regularly surrender money to the creditor as each paycheck is received. As the court argues, a garnishment Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-11011042323716502542007-11-22T22:29:00.000+10:002007-11-22T22:29:00.000+10:00Employers SHOULD NOT be allowed to hire or fire em...Employers SHOULD NOT be allowed to hire or fire employees for whatever reason they want. What an idiotic statement that is. "I won't hire you because you're black", "Give me a blowjob or I won't hire you", "I'm firing you because you wrote a letter to the editor and I'm in disagreement", "I'm firing you because you are trying to start a union". Nonsense. This is why we have laws that govern Lil' Hammerheadhttps://www.blogger.com/profile/11937533318872228053noreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-31283988140715069262007-11-22T17:18:00.000+10:002007-11-22T17:18:00.000+10:00Why is probably for them to decide, isn't it John ...Why is probably for them to decide, isn't it John Wayne?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-81369634090568119302007-11-22T14:44:00.000+10:002007-11-22T14:44:00.000+10:00Strike for what? The workers came here for a spec...Strike for what? The workers came here for a specific period of time and for a specific rate of pay. If they don't receive what their contract says they should receive, they have ample legal resources.<BR/><BR/>Again, strike for what? Citizenship? Residency? Sorry but this doesn't cut it. <BR/><BR/>Some of you paint the picture that the majority of contract workers are treated like slaves.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-88417615997307258472007-11-22T12:51:00.000+10:002007-11-22T12:51:00.000+10:00i guess when you do fire your workers you'll have ...i guess when you do fire your workers you'll have your workers hold placards saying "Boycott Porky's!" and PP is leading the pack...<BR/><BR/>kidding.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-13388455530310285642007-11-22T11:18:00.000+10:002007-11-22T11:18:00.000+10:00Of course workers should be allowed to strike, qui...Of course workers should be allowed to strike, quit, move on to another employer or whatever else they want to do that doesn't infringe the rights of others. Hey boss, blow it out your ass, I don't like it here and I don't like the color paint you used on the walls. <BR/><BR/>So what? So Go.<BR/><BR/>Likewise employers should be allowed to fire, hire, praise, raise or just blow a worker out Bruce A. Batemanhttps://www.blogger.com/profile/03804747424525560858noreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-48404525076072186852007-11-22T06:25:00.000+10:002007-11-22T06:25:00.000+10:00Actually, employers should be careful before they ...Actually, employers should be careful before they decide to take any action against a worker participating in such a strike. The activity may be considered "protected concerted activity" under the National Labor Relations Act.The Joninhttps://www.blogger.com/profile/14847771627566894565noreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-74782025776998454042007-11-21T19:47:00.000+10:002007-11-21T19:47:00.000+10:00The covenant spells out what federal and local law...The covenant spells out what federal and local laws apply here. And they apply to everyone who is here, American or otherwise.Lil' Hammerheadhttps://www.blogger.com/profile/11937533318872228053noreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-26708068144082995032007-11-21T16:57:00.000+10:002007-11-21T16:57:00.000+10:00no problem agent "o";-)does that mean "o" that Ame...no problem agent "o"<BR/><BR/>;-)<BR/><BR/>does that mean "o" that Americans are then not fully protected by the laws here since "almost" hampers your claim?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-71212756903491294712007-11-21T16:12:00.000+10:002007-11-21T16:12:00.000+10:00dear armchair lawyer -"almost" is the key part of ...dear armchair lawyer -<BR/><BR/>"almost" is the key part of your statement. there's plenty that doesn't reach these shores (for better or worse). just last week, the CNMI supreme court ruled that a federal protection for debtors doesn't apply here. the effect of the court's decision: even if you earn the minimum wage here, which is below federal poverty guidelines, you may still be ordered toO. Calimbashttps://www.blogger.com/profile/07957137786335818425noreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-49558774625690243462007-11-21T15:48:00.000+10:002007-11-21T15:48:00.000+10:00Almost all federal law applies here. See Covenant...Almost all federal law applies here. <I>See</I> Covenant §§ 502-03, <I>reprinted in</I> <A HREF="http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+48USC1801" REL="nofollow">48 U.S.C. § 1801 note</A>.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-34292560396710967422007-11-21T11:16:00.000+10:002007-11-21T11:16:00.000+10:00i would guess that failure to show up to work migh...i would guess that failure to show up to work might be cause for termination. what if it's only one day, though, and the employee calls in sick? what if the employee is important for the business? what if all the employees are important for the business?<BR/><BR/>as far as strikes being illegal, maybe someone can point to the local criminal statute for me. federal law has all sorts of O. Calimbashttps://www.blogger.com/profile/07957137786335818425noreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-59722520081393682802007-11-20T23:04:00.000+10:002007-11-20T23:04:00.000+10:00oh well....oh well....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5269105299671477561.post-49318509802422100792007-11-20T18:56:00.000+10:002007-11-20T18:56:00.000+10:00I've heard several people say.. "they can't strike...I've heard several people say.. "they can't strike, it will violate their contract and they can be fired". I think Felipe Atalig voiced this opinion in one of the papers today.<BR/><BR/>This sentiment is exactly why non-resident workers need to have a status that allows them to "participate" in the same employee-employer relationship that every other working class US citizen and permanent Lil' Hammerheadhttps://www.blogger.com/profile/11937533318872228053noreply@blogger.com