Showing posts with label Labor. Show all posts
Showing posts with label Labor. Show all posts

Sunday, October 03, 2010

Cracks in the American Way, as Labor Stands Strong in Europe

by Michelle Chen from Commondreams.org

The idea of American Exceptionalism has loomed large over the last half century, creating an air of national impunity while spreading a neoliberal capitalist model to every corner of the globe. Now the Great Recession has revealed American workers to be exceptional in the worst possible way: facing exceptional pain and exceptional weakness in the labor movement.

A report published by the International Trade Union Confederation (submitted, ironically, to that pillar of the postwar American hegemony, the World Trade Organization) takes a critical view of the U.S. workforce in the context of global human and labor rights. The ITUC's findings expose many of the cracks in the American Way, from a persistent gender wage gap to a failure to uphold child labor protections to a disturbing prevalence of human trafficking. One of the key systemic problems is the institutional weakness of the labor movement:

U.S. law excludes large groups of workers from the right to organise. These include agricultural workers, many public sector workers, domestic workers, supervisors and independent contractors. Moreover, for most private sector workers forming trade unions is extremely difficult and anti-union pressure from employers is frequent. The report notes that there is a $4 billion union-busting industry which aims at undermining trade union organising.
The U.S. worker certainly stands apart from her compatriots across the Atlantic. They're the ones in the news, mobilizing against the harsh austerity plans governments are imposing in
respose to an exceptional American export: the global economic crisis.

This week, worker demonstrations in France, England, Greece and other besieged economies rocked the continent with an old-school militancy seldom seen in the “developed” world and virtually unheard of in American communities.

In France, transit workers paralyzed the country's railways to show aggressive opposition to a proposed increase in the standard retirement age by two years. London's Tube went into a deep freeze on Tuesday, part of a timed-release chaos plan to strike at numerous points during the fall.

Greek truck drivers stopped traffic too, feeding into several days of protest in opposition to proposed anti-labor reforms. Workers countered a wash of teargas by lobbing stones, bottles and tomatoes at police. A day-long strike by healthcare workers left hospitals in disarray. Much of the rage was directed at the potential dismantling of the closed-shop system, which would undermine traditional labor protections and licensing regulations in trades like truck driving.
With plans for a major industrial action by public workers on October 7, the civil-service union ADEDY, Reuters reports, has called on workers to “massively participate in the rallies and demand the termination of all agreements that did away with rights to work and pensions.”
Spain, another blight on the EU's books, erupted in its first general strike in years this week.

Protesters hoped the strike would force the government to confront the political costs of austerity policies. Ignacio Fernandez Toxo, head of the Workers Commissions union, told the Associated Press: “The strike was not called to topple the government but it's up to the government if it wants to stay there.”

Activists in Brussels, meanwhile, stood their ground against riot police and smoke canisters, marching toward the buildings of the European Union as officials contemplated new penalties to impose on member states with swollen deficits.

Depending on how the public reacts to the chaos, the actions could either inspire solidarity or further polarize labor and the political establishment. Either way, unions have upped the ante in the battle against the austerity frenzy.

The U.S. labor movement's fight for relevancy

Labor on this side of the ocean, however, continues to grapple with its message and mission, barely keeping pace with American-style austerity in the form of the anti-spending, anti-government agenda of Washington's deficit hawks.

Unions hope to regain some relevance with this weekend's “One Nation Working Together” rally, which labor is coordinating alongside civil rights, antiwar and environmental groups, among others. The broad, and accordingly vague, agenda centers on “jobs, justice and education.” As Art Levine reports, organizers aspiring to Tea-Party caliber charisma may find that the biggest hurdle at this point is just getting people to show up.

The greater challenge looming over the One Nation campaign isn't just the optics—it's defining a weakened movement in an increasingly unstable political arena. And it's tapping into the public outrage that the right has shrewdly exploited in galvanizing new constituencies. So the groups carrying the “One Nation” banner might want to focus a bit less on projecting an aura of middle-class liberal harmony, and instead learn from the mass appeal of European union militancy.We're running into one of the most dangerous aspects of the myth of American Exceptionalism: the concept that American workers somehow operate outside historical class antagoisms. Folks are lulled into the belief that deep social crisis can and should be resolved by individual upward mobility and by negotiating within establishment institutions (like Election Day or corporate-controlled collective bargaining).

But as the ITUC's new report starkly reveals, America's labor crises often put its people in the same quagmire as their peers in other economies. So when workers around the world are roused to action—organized, passionate, and not afraid to get a little dirty—why should American labor be any exception?

© 2010 In These Times

Michelle Chen's work has appeared in AirAmerica, Women's International Perspective, Extra!, Colorlines and Alternet. She is a regular contributor to In These Times' workers' rights blog, Working In These Times. She also blogs at Racewire.org.

Saturday, September 04, 2010

For The Holiday- Honoring Those Who Toil

Honoring Those Who Toil

by Ralph Nader from Commondreams.org

What does Labor Day mean anymore other than another day off, another store sale and, in some cities, parades ever smaller and more devoid of passion for elevating the well-being of working people?

Philosopher/mechanic Matthew B. Crawford, in his recent, embracing book, Shop Craft as Soulcraft has a thoughtful onsideration. He deflates the high-prestige workplace and makes the case for millions of Americans who still make and fix things with their hands.

"I want to suggest we can take a broader view of what a good job might consist of, and therefore what kind of education is important. We seem to have developed an educational monoculture, tied to a vision of what kind of work is valuable and important - everyone gets herded into a certain track where they end up working in an office, regardless of their natural bents.

But some people, including some who are very smart, would rather be learning to build things or fix things. Why not honor that? I think one reason we don't is that we've had this fantasy that we're going to somehow take leave of material reality and glide around in a pure information economy."

Dr. Crawford has a PhD in political philosophy and is a mechanic who runs Shockoe Moto, an independent motorcycle repair shop in Richmond, Virginia. This gives him a deep sense of skill and broader perspective with which to evaluate these ways of satisfying one's value of locally-rooted work. He contrasts these traits with the deadening assembly line and computer focused office work, both of which can be outsourced on the whims of a boss.

The Winsted, Connecticut Deck's Fix-It Shop, operated joyously by an aunt and her nephew, until they retired last year, would have been exhibit A for Dr. Crawford. They fixed hundreds of different products brought to them by the townspeople. Their small shop was filled horizontally and vertically with items donated, about to be fixed or were unfixable by the manufacturers' design. They could have charged a museum entrance fee for browsing if their shop had more room. Oh, what pride they regularly took in their work.

Electricians, plumbers, carpenters, painters, tailors, car and bike repairers, restorers of stoves, refrigerators, air conditioners, furnaces, locks, windows, sidewalks and streets enjoy a special kind of personal job gratification that is alien to the pre-designed, robotic labors of their friends who come home every day with clean clothes.

I've often wondered why the knowledge of tradespeople about the best, middling and worst brands of equipment, products and materials they work with or have to install (such as furnaces) isn't collected by some magazine or consumer group. After all Angie's List is surveying what their customers around the country think about the quality of the service.

Along with the repairers, we should recognize the inspectors-millions of them working for government agencies and companies to assure that health and safety laws are observed and quality controls are maintained. They are the meat and poultry inspectors, OSHA and Customs inspectors, sanitation inspectors of food stores and restaurants, motor vehicle inspectors, nuclear, chemical and aircraft inspectors, inspectors of laboratories, hospitals, clinics, building code inspectors and the insurance inspectors assigned to loss prevention duties.

The more conscientious of these inspectors are vulnerable to being over-ridden by their less committed superiors (such as meat inspectors for the U.S. Department of Agriculture) or harassed (inspectors for the U.S. Forest Service on corporately exploited federal timber land.) Sometimes inspectors so commit their conscience to their work that they become whistle-blowers about safety hazards or hanky panky, which too often invites career-ending retaliation.

How little attention we devote to those inspectors who are sentinels for the well-being of the American people. As a result, the courageous are not honored-if only to motivate the young to choose these careers. Moreover, a culture of corruption, that can erode their alertness or burdens them with weak standards to enforce, escapes exposure.

Then there are the near invisibles-the cleaners who do their thankless but essential jobs in hotels, airports, bus and train stations, office buildings, factories, schools, libraries, museums, streets, restaurants and homes.

Strange how we don't react to cleaners-rarely thanking them or greeting them with salutations. Notice how airline passengers rush past them on the jetway while they wait to clean up the messes under severe time pressure. People who babble incessantly at airports or bus and train stations, while waiting for their departure, ignore the sweepers and dusters, automatically averting their eyes, and almost never acknowledging their work.

Taxi drivers are often tipped and thanked. How many hotel maids, who clean twelve or more soiled rooms and toilets a day, receive any thanks or tips by the guests? Cleaners are among the lowest paid workers, often handle not the safest of chemicals, and receive very little respect or recognition. Their lowly status has to affect their morale and maybe their performance.

Yet what would we do if these workers went on a general strike from the nursing homes to the garbage trucks? We'd feel it a lot more than if the overpaid Wall Street traders went on strike.

One day I was at BWI airport and went to the crowded men's room. As I entered, the elderly cleaning man erupted in frustration. "I'm sick of this job," he shouted to no one in particular. "Hour after hour I clean up, come back, see the crap, clean up some more. It never ends," he wailed. The men who were wiping, flushing, washing, drying and zipping were stunned and silently shuffled out, as if he wasn't there. I thanked him for his work and candor, calmed him down and gave him a gratuity. The others looked at me blankly as if I was dealing with a ghost they never see as a human being.

Cultures can be astonishing. The hands-on workers who harvest our food, clean up after us, repair our property, look out after our health and safety conditions and serve as nannies to our children receive few honors, status or anywhere near the compensation of those who gamble with our money, entertain us or drive us into wars they don't fight themselves.

Shouldn't Labor Day be a time to gather and contemplate such inverted values and celebrate those who toil without proper recognition?

Ralph Nader is a consumer advocate, lawyer, and author. His most recent book - and first novel - is, Only The Super-Rich Can Save Us. His most recent work of non-fiction is The Seventeen Traditions.

Wednesday, February 03, 2010

Labor agency prepared for possible buildup delay

Labor agency prepared for possible buildup delay

Posted: Feb 01, 2010 4:18 PM
Updated: Feb 01, 2010 4:18 PM

by Janjeera Hail

Guam - Department of Labor Director Maria Connelly is not surprised by Governor Felix Camacho's request to extend the completion date for the relocation of U.S. Marines from Okinawa to Guam. Either way, she says the agency will be prepared.

Connelly says DOL has been fostering relationships with federal officials as well as working with Department of Homeland Security, the U.S. Immigration Services Office and setting up training workshops for local contractors who bring in H2b workers with administrators and experts.

"What that means to us is the work is still there, but it is planned out. Not having to complete all those by 2014, but at least further out, later on," she said.

Connelly stresses that it is important that contractors succeed. Individuals interested in information about training and workshops should check the department's website for further information.

Tuesday, December 15, 2009

Fitial: Ombudsman shouldn't accommodate 'overstayers'

Fitial: Ombudsman shouldn't accommodate 'overstayers'

Tuesday, December 15, 2009

By Haidee V. Eugenio
Reporter

Gov. Benigno R. Fitial expressed concern yesterday about the Federal Labor Ombudsman's ongoing “accounting” of nonresident workers in the CNMI, saying such process should not be used to allow the continued stay on the islands of foreigners with no legal status to remain here.

“I hope she's not going to accommodate those overstayers,” Fitial told reporters on Capital Hill yesterday afternoon.

Fitial, who authorized the distribution of thousands of “umbrella permits” through the CNMI Department of Labor, also expressed concern about Federal Labor Ombudsman Pamela Brown's authority to conduct the accounting of nonresident workers.

“I'm concerned about the authority; if she has the authority to do what she's trying to do,” Fitial added.

The governor also said that nonresident workers are already “in good hands with the umbrella [permits].”

The Federal Labor Ombudsman's Office started the accounting of nonresident workers in the CNMI at 4pm yesterday. Based on the agency's schedule, alien workers having last names starting with A and B were to report to its offices at the Marina Heights II Building yesterday.

Alien workers are told to bring a copy of their passport or other photo identification when they go to the federal agency's office for the accounting process, which will be held daily until Dec. 29, 2009.

In a notice, the ombudsman said the accounting process is based on Public Law 110-229 or the federalization law, which requires the U.S. Department of the Interior to report to the U.S. Congress the total number of aliens within the Commonwealth.

Dekada Movement counsel Stephen C. Woodruff earlier cautioned alien workers who do not have “umbrella permits” against participating in the “accounting” process.

“There is a very real risk that aliens lacking an umbrella permit who register with the Ombudsman's office could be setting themselves up as targets for deportation by U.S. Immigration and Customs Enforcement,” he said in a statement.

CHC autonomy bill

In other news, the governor said he's waiting for comments from different agencies, including the Office of the Attorney General, on a bill providing autonomy to and ensuring accountability by, the Commonwealth Health Center.

House Bill 16-9, which seeks to create a Commonwealth Healthcare Corp., is now on Fitial's desk for action.

On Dec. 3, the House of Representatives approved on a 14-0 vote the Senate amendments to the bill.

The CHC bill, authored by Rep. Heinz S. Hofschneider and House Speaker Arnold I. Palacios, is hailed as “landmark” legislation by lawmakers and officials, including Health Secretary Joseph Kevin Villagomez and Rep. Tina Sablan (Ind-Saipan).

In other news, Fitial said everyone is invited to his inauguration set for Jan. 11, 2010.

Fitial is only the second governor in CNMI history to be re-elected.

When asked whether he would invite Delegate Gregorio Kilili C. Sablan (D-MP) or Assistant Secretary for Insular Affairs Tony Babauta, Fitial said, “Everyone deserves to be invited.”

Wednesday, November 18, 2009

Buildup may use local utilities

Buildup may use local utilities

By Amritha Alladi • Pacific Daily News • November 19, 2009

The financial and logistical strains on labor, land use, water and power resources are among the most pressing military buildup concerns for Guam's industry leaders who attended the Guam Chamber of Commerce's annual meeting yesterday.

As of now, the Department of Defense will continue to be a customer of both the Guam Power Authority and Guam Waterworks Authority, according to Consolidated Commission on Utilities Chairman Simon Sanchez.

After yesterday's Chamber meeting, Frank Campillo, outgoing chairman of the Chamber's board of directors, said Guam's infrastructure is already having trouble with basic maintenance associated with the growth the island faces without the buildup.

"The roads are filled with potholes now," he said. He wants to know how Guam agencies, including the utilities, are going to handle further growth in demand for water and power.

Furthermore, Frank M. Crisostomo-Kaaihue, business developer for G4S Security Services, said he hopes the buildup doesn't deplete Guam's resources to the point where there is nothing left for future generations.

"It's important that our water, lands are not contaminated. That's the biggest concern. I want to make sure that my children's children still have a Guam," he said.

But Retired Marine Maj. Gen. David Bice, executive director of the Joint Guam Program Office, which oversees the buildup readiness for the Defense Department, said Guam will not shoulder the cost of buildup-related upgrades to local utilities alone.

The Defense Department already is discussing with Japan how to share some of the costs to pay for those improvements, Bice said.

He said DOD is a customer of the Guam Power Authority and wants to maintain that status. Plus, Sanchez said the power agency has the capacity to support the extra power needs that will be created by the shift of 8,000 Marines and their dependents from Okinawa to Guam.

Bice added that there is, however, a need to upgrade power facilities, for example, transmission and distribution lines from power plants in Dededo and Piti to the Apra Harbor.

Additionally, Sanchez said the Defense Department already is a customer of Guam Waterworks Authority and will continue to be for wastewater treatment services.

Bice said the Defense Department's preference is to upgrade the existing Northern Wastewater Treatment Plant.

The plant processes only about half of its 12 million-gallon capacity, according to GWA spokeswoman Heidi Ballendorf. But the capacity need will be increased to 18 million gallons once the buildup starts, Sanchez said.

Ballendorf said she expects improvements to the Northern Wastewater Treatment Plant will cost about $50 million, for which GWA does not have the funds.

"That has to come from the agreement with DOD going forward," she said.

According to Sanchez, the Defense Department is willing to cover all costs associated with the direct impact of its actions, but the improvements to GWA facilities will help improve the quality and help reduce the cost of utilities for Guam's civilians as well.

The issue of agreeing on an integrated solution for water still needs to be discussed between DOD and GWA.

GWA officials and some CCU members are scheduled to meet with JGPO officials today to discuss in detail what specific improvements will be needed to accommodate DOD's water and wastewater needs.

However, there is also the option of having stand-alone facilities, Bice added.

"We certainly want to make sure we support the move of Marines to Guam with the least impact on the people of Guam," Bice said.

The "preferred options" and alternatives are discussed extensively in Volume 10 of the draft Environmental Impact Statement, or EIS, which will be released on Saturday, Bice said.

The 8,000-page document will be available for public viewing at the public library, the University of Guam Robert F. Kennedy Memorial Library, and mayors' offices in Yigo, Dededo, Barrigada, Agat, and Mangilao, according to Capt. Neil Ruggiero, JGPO public affairs officer. Digital copies will be available online at the EIS, One Guam and Pacific Daily News Web sites.

Sen. Ben Pangelinan said JGPO officials had asked him for suggestions on where to place additional digital and hard copies of the draft EIS for public viewing. He suggested several shopping centers frequented by residents, and for JGPO to provide computers with Internet connection so people can read the report and do research.

"I am also somewhat perplexed that during all the planning and discussions on the (draft EIS) for the past several months which, in my opinion, were an important component to the process, we were never asked for any input. But for simple solutions as to location sites, our suggestions and ideas are valued."

Other residents have expressed similar dissatisfaction over the EIS study.

The Guåhan Coalition for Peace and Justice yesterday announced it would lead a protest at 4 p.m. tomorrow outside the ITC building in response to the release of the environmental report this weekend.

"It was not conducted in a manner that demonstrated a true assessment of the social, cultural, and political implications an increased military presence will have on the island's people," a release from the Coalition stated. "Local residents and their elected officials were largely excluded from the process of gathering information and making recommendations for this study."

Some of these issues the coalition is concerned about will also be addressed during the two-day conference on "The Military Buildup and Beyond" hosted by the Guam Legislature today and tomorrow.

Today, Roger M. Natsuhara, acting assistant secretary of the Navy for installations and environment, will give the keynote address at 9:05 a.m., with a question-and-answer session to follow. The morning session will include a panel discussion on family and community issues regarding public health and building a competent work force. After lunch, the conference will feature a presentation at 1 p.m. by Emanuel Mori, president of the Federated States of Micronesia. A panel discussion on the use of natural resources will follow at 1:30 p.m.

Tomorrow, Philippine Labor Undersecretary Romeo Lagman will present his government's perspective on the buildup. Lagman is expected to talk about how skilled workers from the Philippines could temporarily augment Guam's current labor pool for the buildup, according to a press release from the Guam Legislature.

The Guåhan Coalition's protest and the Legislature's conference are both open to the public.

Monday, November 16, 2009

H2 workers vs locals

H2 workers vs locals

Monday, 16 November 2009 04:39
by Jennifer Naylor Gesick | Variety News Staff

Full local workforce development nixed by GCA

WHILE the local labor sector pushes for the development of a resident workforce to meet the demand of the impending multibillion dollar military buildup, the president of the Guam Contractors Association expressed reluctance to prioritize such initiative.

As the University of Guam-sponsored Guam Community and Economic Development Forum wrapped on Friday, a startling comment by GCA president James Martinez sent a small murmur through the crowd attending the forum whose theme was a discussion of ways to create a sustainable future for Guam and island residents.

During the workforce development and employment needs panel, a debate broke out over prioritizing the use of H2 workers over the full-development and training of local workers.

While director of Guam Department of Labor Maria Connelley stressed the need to train and hire local workers for positions related to the buildup especially construction, Martinez said overtraining local people for the temporary construction boom would result in mass lay-offs when the projects are completed. “That is exactly what H-2 workers are for,” said Martinez.

First priority

But Connelley stressed that recruiting H-2s is the last resort. The labor department head reaffirmed the proper order in prioritizing filling thousands of jobs expected to be created by the Guam military realignment. “We will first hire locally, then people from the Federated States of Micronesia, then the U.S., and then H2s,” she reiterated.

Carl Peterson, chairman of the Chamber Education/Workforce Development Committee for the Guam Chamber of Commerce, urged full training and development of Guam workers.

He said his organization wants to see everyone on Guam raise their standard of living with this buildup. “We want everyone to take that initiative,” said Peterson. “We should be focusing on education so people can improve their goals.”

Project completed

Instead of laying off workers when the military build work is completed, Peterson said employers should instead focus on the permanent work that will be created by the largest such military realignment in the history of the U.S.

Retaining employees should be important, Peterson pointed out, because the military has stated they expect to create more than 1,600 permanent jobs on base, adding, “With the feds coming off base to pull your workers on to base, we need to upgrade and educate our current workforce and young people as young as middle school,” he said.

Hard to plan

Martinez said Guam needs a comprehensive study to establish a plan to know the employment needs of Guam.

However, Connelley said that would be hard to do, considering the clear lack of information provided by the Department of Defense, as recently cited in a Government Accountability Office report.

Guam does not have valid data upon which to draw effective conclusions, Connelley said, further noting for forum participants the lack of viable data also makes it difficult to pursue desperately needed grants.

Rising costs

Peterson said that island wages should increase due to a lack of workers in a range of industries as employees move from one sector to another. He said the inflationary impact would be felt down the line, but tempered his projection by adding that everything would level out eventually.

Mary Torre, president of Guam Hotel and Restaurant Association, said most of the concerns for her group’s members had to do with people moving into different jobs. But, she said, they are used to change because tourism is an industry that is in constant flux.

Saturday, November 14, 2009

Sister-city ties to be signed

Sister-city ties to be signed

Friday, 13 November 2009 04:24
Varitey[sic] News Staff

(Legislature) -- Guam and the City of Olongapo will enter into a historic sister-city relationship today at 10 a.m. in the legislature’s public hearing room.

Speaker Judith Won Pat, and Mayor James “Bong” Gordon of the City of Olongapo will sign a memorandum of understanding making the relationship official.

The sister-city relationship was made possible through Sen. Eddie Baza Calvo’s Resolution 60, which received a bipartisan support.

Stronger ties with Olongapo City seek to open the door to increased tourism, cultural exchanges, work-force development and business investments.

As the island gears up for the impending relocation of 8,000 Marines from Okinawa to Guam, local leaders focus on what the territorial government can learn from Olongapo City, once host to the largest US military installation and is now a booming site for the Subic Bay Free Port Zone.

Guam considers the Philippines as the primary source of manpower to fill the labor gap when the military buildup starts kicking in.

Wednesday, November 04, 2009

CNMI asks court to declare DHS regulations invalid

CNMI asks court to declare DHS regulations invalid

Thursday, November 05, 2009

By Ferdie de la Torre
Reporter

The CNMI has asked the U.S. District Court for the District of Columbia to declare as invalid the Department of Homeland Security's interim final rule on the CNMI transitional worker program.

The CNMI, through the Jenner & Block law firm, asked the court to rule that the manner with which DHS promulgated the interim permit rule violates the Administrative Act.

Jenner & Block stressed that the “societal, familiar, and personal damage” that will be caused by Public Law 110-229, the Consolidated Natural Resources Act of 2008 (federalization law), “is as severe as its economic impact.” The law firm said the law will force thousands of U.S. citizen children to separate from their parents who are not U.S. citizens.

In the CNMI's amended complained filed on Nov. 2, Jenner & Block also questioned the legality of the interim final rule.

The complaint, which named the United States, DHS Secretary Janet Napolitano, DHS, U.S. Department of Labor Secretary Hilda Solis, and U.S. Labor as defendants-also asked the court to prevent these defendants from acting in violation of the Covenant.

The CNMI wants the court to issue a permanent injunction prohibiting the defendants from enforcing federalization in the CNMI.

The law firm asserted that the defendants violated APA by promulgating the regulations required by Public Law 110-229 without notice to the CNMI and other affected stakeholders and giving them an opportunity to comment.

DHS issued the interim rule on Oct. 27. It is set to go into effect on Nov. 28, 2009, the effective date of the CNRA.

Jenner & Block said the CNRA will strike a devastating, and perhaps fatal, blow on the economy by prohibiting the Commonwealth from ensuring an adequate supply of labor for local residents and businesses.

The law firm said CNRA imposes an uncertain permitting system for an indefinite period of time on about two-thirds of the Commonwealth's private sector workforce and requires that the number of Commonwealth-only permits be reduced to zero by the end of 2014, the end date for the transition period.

“As the number of Commonwealth-only permits is reduced, foreign workers lawfully admitted under CNMI law will have to leave the Commonwealth if they are unable to obtain a visa under the narrow and specialized classifications of the federal immigration laws or if their employers cannot obtain the necessary permits from that steadily shrinking pool of permits,” the law firm said.

Jenner & Block said most of the foreign workers will not be able to qualify for federal visas because existing federal immigration laws do not allow visas for low-skill jobs that are “permanent” rather than “temporary.”

“In addition, because no 'Commonwealth-only' permits can be issued or can authorize employment after 2014, whatever relief is potentially available during the transition period is necessarily temporary,” the law firm said.

The law firm pointed out that the local workforce is not enough to compensate for the labor deficit the CNRA will create.

The overall U.S. citizen population of about 30,000 and the U.S. citizen workforce of about 11,000 have remained constant in size for most of the past decade.

“There is no reasonable basis for assuming that the U.S. citizen population can produce a workforce of sufficient size to meet the needs of the CNMI economy,” the law firm said.

The CNRA, Jenner & Block said, has placed the CNMI in a legal and economic limbo of indefinite duration.

“Such an environment is toxic to economic development,” the law firm said, citing business plans for new ventures that are already being revised or canceled, foreign investment being withdrawn, among other things.

“No other city, county, or state in America has a federal bureaucracy exercising plenary authority over two-thirds of its private sector labor force,” the law firm stressed.

In addition, the CNRA will also rend its social fabric, the law firm said.

The 24,000 alien workers and their families make up roughly 40 percent of the Commonwealth's total population. Jenner & Block said many of these people have lived in the CNMI for over a decade and include thousands of U.S. citizen children.

Under the provisions of CNRA, the complaint said, these children's parents are subject to expulsion from the Commonwealth over the next several years, even if they otherwise could have remained gainfully employed in the CNMI.

When required to leave, the law firm said, these parents will be forced to either separate from their children and find another home for them in the CNMI, or to take these U.S. citizen children away from their home country and the opportunities and benefits of growing up in the U.S.

Jenner & Block said the challenged provisions of CNRA abrogate the CNMI's right of local self-government by denying the Commonwealth the right to regulate its local workforce and economy.

Wednesday, October 24, 2007

Not Enough Filipino Labor for Guam

Not enough RP workers for Guam
By Gerardo R. Partido
Variety News Staff
October 23, 2007

Guam construction companies have always assumed that they can depend on foreign labor from the Philippines when the military buildup starts in earnest.
Now, that is not so certain anymore.

The Philippine Association of Service Exporters Inc., which groups the biggest private employment agencies in the Philippines, has warned that there may not be enough skilled Filipino workers to go around because a lot of them are already deployed in the oil-rich nations of the Middle East.

PASEI president Vic Fernandez, who was recently on Guam to attend the business conference sponsored by the Department of the Interior, said most of the sufficiently skilled workers are already deployed to the Middle East where there is a construction boom at present.

However, Fernandez was quoted by the Philippine Web site OFW Balita as saying that the opportunities presented by the Guam military buildup are too good for Filipino workers to pass up.

“The U.S. bases in Okinawa, Japan will be transferred to Guam by 2010 since their treaty with Japan will be finished. As a result, Guam will need about 50,000 construction workers in a span of three to five years. However, the potential deployment may not be achieved because we do not have sufficient number of skilled workers,” Fernandez said during a forum in Manila.

Fernandez has urged the Philippine government to conduct massive training for tradesmen, such as plumbers, electricians, and others.

“This problem has to be met by both the recruitment agencies and the government. We can deploy more if we have more training for tradesmen,” the PASEI president said.

He pointed out that Filipino workers would be working under American labor laws since Guam is a U.S. territory and an ordinary construction worker alone would be earning at least $1,200 a month.

According to Fernandez, representatives of the Guam Economic Development and Commerce Agency are already establishing contacts with Philippine recruitment agencies for the possible deployment of overseas Filipino workers to Guam.
PASEI has more than 650 agencies licensed by the Philippine Department of Labor and Employment.

Along with increased membership, PASEI had also taken a leadership role in the Philippine overseas employment industry.

Monday, October 22, 2007

Military Contractors to Tap Guam's Labor Pool

Military contractors seek to tap Guam’s labor pool
By Mar-Vic Cagurangan
Variety News Staff
October 22, 2007

Military contractors will start tapping the local labor pool as they gear up for a major construction boom sprouting from military buildup on Guam in the coming years.
Job-seekers, who have expertise in construction work and related fields, will have the chance to meet with potential employers during the Career/Job Fair to be held at the University of Guam Fieldhouse on Nov. 1, from 9 a.m. to 6 p.m.

Hundreds of job opportunities will be offered by 35 companies participating in the job fair organized by the UOG Career Development Office.

“This is the first time that we have military contractors joining our event, and we are very excited to have them this year,” said Leah Beth Naholowaa, director of the UOG Career Development Office.

The $15-billion military expansion plan, which involves the transfer of 8,000 Marines and their 10,000 dependents from Okinawa to Guam, entails the construction of new housing units, road infrastructure, power plants, water treatment facilities and new schools among others.

Navy officials last week told the Guam Contractors Association that the amount of construction projects could reach about $530 million in the next fiscal year and the coming years. Construction companies will need approximately 50,000 construction workers in a span of three to five years.

The $100 million expansion of Kilo Wharf is the biggest project that the military began undertaking this year.

Joining the military contractors at the fair are regular local companies hunting for candidates to fill various positions.

“We are expecting thousands of participants to join as holiday season is coming up and a lot of our students and alumni as well as the public are looking for a part-time as the holiday season is coming up,” Naholowaa said.

The UOG Career Development Office organizes a job fair every semester as part of its mission to assist students and alumni toward their foray into the workforce. It guides jobseekers in finding self-direction and developing personal responsibility in the career decision making and the job search process.

“We hope that the public will take advantage of this opportunity,” Naholowaa said. “I would like to encourage applicants to come as if they are going to be interviewed.”

She advises job applicants to “dress appropriately, bring several copies of their resume and most importantly bring their positive attitude.”

Wednesday, August 01, 2007

More on "Federalization

CNMI borders a 'security risk'
Lawmaker introduces proposal to apply U.S. immigration laws
By Gaynor Dumat-ol Daleno
Pacific Daily News
gdumat-ol@guampdn.com

The latest proposal in Congress to apply U.S. immigration law to the Commonwealth of the Northern Mariana Islands is being pushed forward as a security issue especially in light of the U.S. military buildup on Guam.

The proposal also includes giving the CNMI a non-voting congressional seat similar to what Guam has.

Democratic Rep. Donna Christensen of the U.S. Virgin Islands on Wednesday introduced legislation that would give the CNMI a delegate to the U.S. House of Representatives and at the same time extend federal immigration laws in the CNMI. Christensen's H.R. 3079, "The Northern Mariana Islands Immigration, Security, and Labor Act," was drafted with input from the U.S. Interior, Justice, Labor and Homeland Security departments.

Proposals to take away local control over the entry of foreign tourists, workers and investors in the CNMI date back to at least the 1990s.

But unlike previous unsuccessful attempts, the new effort toward federal control of the CNMI's borders takes the argument beyond foreign workers' human rights.

It frames the proposal primarily as a security issue.

"The CNMI needs stability and the Marianas region needs security. This bill makes a leap in that direction," according to a statement from Christensen.

Military buildup
A federal report had mentioned that the lack of U.S. control over the immigration authority in the CNMI could have security-risk implications, for example, to the U.S. military bases on Guam.

Christensen's bill also makes reference to the military buildup "in the Marianas region."

The military is investing about $15 billion on Guam, including the proposed:

Base for 8,000 U.S. Marines and 9,000 of their relatives who will be relocated from Okinawa.

Waterfront facilities to construct a nuclear carrier-capable berth at the Navy base.

U.S. Army Ballistic Missile Defense Task Force, consisting of approximately 630 service members and 950 family members.

"The U.S. military's reinvestment in the Marianas region should make everyone want to make these islands secure," according to Christensen.

Christensen introduced the bill in the U.S. House of Representatives on the eve of a hearing on similar legislation in the U.S. Senate.

Hawaii Democratic Sen. Daniel Akaka sponsored the Senate bill that also proposes to apply U.S. immigration law in the CNMI.

CNMI Gov. Benigno Fitial and leaders of the CNMI business community were scheduled to testify at the Senate subcommittee hearing in Washington, D.C., on Akaka's bill.

The hearing was scheduled to take place last night Guam time.

CNMI government: Survival at stake
The CNMI governor's Press Secretary Charles P. Reyes Jr. said the local government welcomes the proposal for a CNMI delegate seat.
But giving the CNMI a delegate seat is not a fair tradeoff to taking local immigration control away from the commonwealth government, Reyes said.

"What good would it do if we have a delegate ... if our economy is in a shambles?" Reyes asked.

In the governor's testimony to the Senate subcommittee hearing, he's expected to say that the Northern Marianas economy is at its weakest point in decades, and applying U.S. immigration laws at this point would further devastate the local economy.

CNMI tourist arrivals are down 40 percent, and its garment industry is declining because of competition from lower-cost factories overseas.

The Northern Marianas tourism and garment industries rely on imported labor, primarily from the Philippines and China.

The CNMI business sector already is reeling from declining sales and increasing cost of doing business as a result of the recent federally required minimum wage increases and power rate increases, Reyes said.

In Fitial's testimony, he's expected to say it's not true that the CNMI has "weak" border controls, as mentioned in the Senate bill's summary.

"More stringent than ... Guam"
"In many respects the entrance requirements for the commonwealth are more stringent than those in place for Guam, or other U.S. destinations," according to Fitial's testimony.
"The CNMI and federal immigration authorities have cooperated effectively in many substantial trafficking and other immigration violations in recent years," according to the governor's prepared testimony.

"We share the desire ... to protect the borders of the United States, including the commonwealth," according to Fitial.

Instead of a federal takeover, Fitial proposes giving local authorities more training and other forms of assistance.

"We are prepared to invite oversight by the Department of Homeland Security. We are ready and eager to have the additional safeguards that would come from utilization of federal databases to ensure that no alien entering the commonwealth presents a security risk to the United States," according to Fitial.

Worker exodus feared
The CNMI government also opposes Akaka's proposal to basically allow foreign workers who have been in the CNMI for at least five years to gain residency status.

The CNMI government argues that, by giving foreign workers a path to green-card residency status, the workers will leave the CNMI "for the greater range of jobs and wages in Guam or the (U.S. mainland)."

If the foreign workers leave after having worked in the CNMI for five years, Fitial stated, "it will be unlikely that these positions can be filled with suitable replacements from the local resident workforce in the near term."

Christensen said her bill provides for a "real opportunity ... to address past abuses and unpredictable immigration policies that did not result in a healthy and productive CNMI economy."

Tuesday, June 19, 2007

More on CNMI Federalization

Administration on federalization: ‘It’s up to the US Congress’
By Gemma Q. Casas
Variety New Staff
June 19, 2007

THE administration was surprised when Sen. Daniel Akaka introduced the CNMI federalization bill in the U.S. Senate and now concedes that the fate of local immigration control will be decided by the U.S. Congress, according to Press Secretary Charles P. Reyes Jr.

Gov. Benigno R. Fitial traveled to Hawaii last month to meet with Akaka, D-Ha., and urged him to take the CNMI’s side on the federalization issue.

But on Friday, Akaka and other senators introduced S. 1634 or the Northern Mariana Islands Covenant Implementation Act, which will extend the federal immigration law to the islands.

“I guess it’s surprising,” said Reyes when asked for the administration’s comment.
“We’ve called for objective studies before major drastic actions are taken that would affect the CNMI economy. Unfortunately, our calls for caution have not been heard. There seems to be a strong determination in the new Congress to address the CNMI…minimum wage and immigration in a rapid fashion,” he added. “Ultimately, it’s not really in our control. It’s up to the U.S. Congress.”

Reyes said the administration will continue to lobby against immigration federalization.

The governor’s special legal counsel, Howard P. Willens, declined to comment on S. 1634, saying he had not seen a copy of the bill.

He said it may be the same 14-page draft bill that U.S. Interior Deputy Assistant Secretary for Insular Affairs David Cohen drafted upon the request of the U.S. Senate Committee on Energy and Natural Resources

In a separate interview, Speaker Oscar M. Babauta, Covenant-Saipan, said unlike the administration, he is not totally opposed to federalizing local immigration.
“I’m not totally opposed to it. I just hope that whatever is the end result with respect to the CNMI’s immigration system, they would consider the islands’ economy by inserting certain special provisions,” he said.

He said the CNMI should be allowed to continue hiring foreign workers and welcome tourists from China and Russia.

“We don’t want a total phase-out of foreign workers. We want to make sure that employers can still avail of skilled labor workers. We want to hire more locals, but there aren’t enough available here,” said Babauta.

As for the bill’s provision that would grant non-immigrant status to long-time foreign workers, Babauta said: “Since the CNMI does not take part in granting citizenship to non-indigenous people, I’ll leave that up to the U.S. Congress.”

Monday, May 21, 2007

Port Not Ready for Military

Port not ready for buildup
Businessman: Increase capacity, improve efficiency
By Gaynor Dumat-ol Daleno
Pacific Daily News
gdumat-ol @guampdn.com
May 22, 2007

A Defense Department representative has identified the local government-run seaport as a potential chokepoint in the upcoming massive military buildup on Guam, a member of the local business community said yesterday.

The military buildup -- and its ripple effect on the already robust housing market -- is expected to double the volume of cargo entering through the island's only civilian seaport, which is being run by the Port Authority of Guam.

How island officials will handle the port issue -- and whether their actions will be made in time for the buildup within the next several years -- has an effect on the standard of living of everyone on the island, businessman Carl Peterson said.

Peterson voiced his concern in light of what he called sincere and straightforward comments Friday by Gary Kuwabara from the Defense Department's Office of Economic Adjustment.

Kuwabara is the Office of Economic Adjustment's point man for military buildup issues on Guam and makes periodic visits to the island from Washington, D.C. He spoke Friday after subcommittee representatives of the governor's task force on military buildup gave status reports.

Peterson attended the meeting as a Guam Chamber of Commerce representative, but the comments he made for this story were not made on behalf of the Chamber.

Peterson said Kuwabara had mentioned the need for upgrades to the seaport.

A more efficiently run port ensures on-time delivery of goods for Guam consumers, businesses and government entities, but a major breakdown in cargo movement could lead to shortages and possibly more expensive goods, as was Guam's experience years ago.


Urgency
With the buildup's expected $10 billion to $15 billion cost, the local community also is expected to see substantial economic growth.
The reason for the urgency, said Peterson of the need to modernize the port's operations and expand its capacity, is that every Guam resident's standard of living will be adversely affected if the port stays stagnant.

All the construction related to the relocation of about 8,000 members of the Third Marine Expeditionary Force and their approximately 9,000 dependents from Okinawa must be done within the next several years.

Based on the agreement between the U.S. and Japan, the relocation must happen by 2014. Japan is picking up about 60 percent of the relocation cost.

According to Peterson, Kuwabara at Friday's meeting of the governor's task force on military buildup said when the buildup is at full blast, 72,500 military supply containers are expected to be shipped to Guam in the span of one year.

Kuwabara could not be reached for comment yesterday.

The port has handled an average of 84,000 containers annually, its management stated.

Based on Kuwabara's comment at the task force meeting, Peterson said the sense he got was that the local government must make enormous changes to bring the port up to speed with the anticipated surge in incoming cargo traffic.

In addition to military supplies, the island also is expected to see a surge in shipment of construction materials to meet the demands of a booming housing market.

Logistics and shipping companies last year said that if one gantry crane breaks down, even before the buildup occurs, the island economy could be held hostage by an equipment malfunction.

Peterson suggested that the Port Authority of Guam should invite the world's experts on running ports to submit proposals for how they can better run the seaport and how much it would cost for them to do so.

The port agency's attempt last year to hand over cargo handling operations to a private operator has failed.

And the port agency board "has not made any determination on what their next step will be" on the privation issue, according to a statement from port management yesterday.

The port management stated: "In the late '90s, when the island experienced its last military buildup, the port was able to handle the increased number of containers."

As for the port's years-long efforts to try to buy a new gantry crane, which moves containerized cargo on and off ships, it's likely the process will take about two more years.

The agency's evaluation committee is reviewing the proposal submitted by the lone bidder for the manufacture and installation of a new gantry crane, according to the port agency management.

The agency stated the estimated time from manufacturing to delivery of a new gantry crane: 18 months to two years.

In addition to trying to order a new gantry crane, the port management stated the agency is "in the process of acquiring new handling equipment to deal with the increase of cargo arriving on Guam."

"We are also currently reviewing our terminal infrastructure to determine the type of operations the port should implement to effectively off load/load cargo onto vessels," according to port management.

And the port agency yesterday stated it is hiring a consultant to update its master plan.


Labor shortages
Friday's meeting also discussed the labor needs for the buildup as well as the private sector's need for more construction workers.

Based on an informal estimate, Guam might need 25,000 additional construction workers to meet both the military and the private construction projects' needs, said David Dell'Isola, a Guam Department of Labor representative, said at Friday's meeting.

The military buildup-related projects will need between 12,000 to 15,000 workers, said Capt. Robert Lee, acting director of the U.S. government office on Guam that coordinates buildup efforts.