Ombusdman may have overstepped authority

Federal Labor Ombudsman Pamela Brown may have overstepped her authority when she asked the Department of Labor and Immigration to reconsider its action against a nonresident who was found working with expired entry permit, according to officials.

Brown sent a letter to Assistant Attorney General Robert Goldberg appealing DOLI’s decision to file a civil case against Vivian D.J. Maglalang on behalf of the Filipino worker in connection with her unauthorized “training” at the Intermodal Cargo Forwarders.

But sources from the administration claimed the parent company of Intermodal, Ambyth Shipping Micronesia, Inc., employs Mark Blackburn as agent, whom they said is “related” to Brown.

A report on Registrar of Corporation obtained from the Attorney General’s Office listed Blackburn as registered agent for Ambyth, a company engaged in “ship agent, ship repair and freight forwarders.”

Brown did not return a call by Tribune to her office yesterday, and Blackburn declined to comment, saying only that Maglalang “doesn’t work for me and she’s not my employee.”

According well-placed sources, Brown had discussed the matter with Goldberg at least two times, although the government lawyer had told her DOLI would consider the request and that it’s now up to the court to decide.

As ombudsman, Brown described her job in a Rotary Club meeting last July as “an ear and a hand to alien workers’ concern seeking redress under federal and commonwealth laws.”

One of her functions is to decide to which agency a particular case should be brought and whether a case involves violations of federal or CNMI laws.

The hearing on the pending civil case is scheduled for tomorrow in the Superior Court, although the source also said that Intermodal has paid a sum of $3,000 to DOLI in fines and penalty. Maglalang could face deportation proceedings, according to DOLI.

Ombudsman’s assistance sought

In a letter dated Oct. 19, Brown related the circumstances of the case before DOLI served the notice of hearing to Maglalang last Oct. 15. The worker sought the ombudsman’s assistance a day before such serving.

Immigration agents, who went to Intermodal looking for another employee, questioned Maglalang last Oct. 8 while she was on “duty and being trained”. During the same occasion, immigration agents discovered that Maglalang’s work permit had expired.

Before the permit expired last Sept. 8, Maglalang had transferred to Intermodal and was immediately asked to begin training by a Guam official of the company whom, Brown said, was not “conversant” with CNMI labor and immigration laws.

Her work papers, however, had yet to be submitted to DOLI — because the employee in charge of this function was on leave and off-island — while being trained by the company for which she received an allowance not equivalent to her hourly wage rate, according to the letter.

Ariel R. Dumapit, operations manager for Ambyth, confirmed Maglalang’s predicament, saying that the company “still wants to employ (her) and that (it) will shoulder all costs for repatriating her to the Philippines with the intention to hire her as a replacement hire when all her papers are processed.”

Brown also said, quoting Dumapit, that this was the first time that Ambyth had failed to comply with CNMI laws pertaining to hiring nonresident workers.

“Ms. Maglalang wishes to voluntarily depart from the CNMI as soon as Ambyth provides her a ticket. Ambyth also wishes to assist in any manner necessary to assure DOLI that this was an unfortunate breakdown in their usual businesses practices for which Ms. Maglalang is not the real party at blame,” she said.

“Both parties do not contest the fact that she was at the job site and receiving some monetary reward for her services albeit not full salary. Neither has any prior history of labor or immigration violations and both have cooperated fully with enforcement efforts by DOLI,” added Brown.

She also told both parties that while the department was willing to consider their request for a voluntary departure this did not mean that Maglalang and Ambyth did not violate the laws.

“I also explained to both that it was up to your discretion whether to grant the voluntary departure or go forward with the deportation process. They understand that you have promised only to review the facts and consider the request,” Brown said.

Capping the letter, Brown said she hoped that Goldberg gives a “prompt and favorable response.”