Nightclub owners seek disqualification of Labor official

Nightclub owners David Atalig and Corazon Atalig have moved to disqualify former acting Labor director Jeffrey T. Camacho from participating in the investigation of the Labor case filed against them for alleged conflict of interests.

The Atalig couple, through counsel Robert T. Torres, asked the Department of Labor’s administrative hearing office to declare Labor’s complaint against them as null and void.

Torres said the Department of Labor should have designated another official to perform the investigation.

“Because if failed to remove Director Camacho from the investigation and instead allowed him to continue and then issue a determination/complaint based on that investigation, the determination/complaint is tainted and should therefore be declared null and void,” said the lawyer, who is representing the Atalig couple and Star Four Corp. that owns Starlite and Stardust Nightclubs on Saipan.

In a motion to disqualify, Torres said to secure the entry and employment of nonresident workers to work as dancers, Mr. Atalig, as general manager of Star Four Corp., filed applications for nonresident worker entry and work permits with Labor.

He said the application included an employment contract which stated in pertinent part: “Due to the nature of employee’s work as exotic dancer and the unique nature of the nightclub business in Saipan and in consideration for employee’s safety, employee hereby waives her right to go out of employer’s workplace/housing after business hours until after 12:30pm. Employee further agrees to return to employer’s housing by 5:30pm.”

Torres said indeed many of the contracts filed by Mr. Atalig were approved by Camacho, who is the complainant in the case.

He said on April 12, 2006, the Labor director issued a determination, notice of violation and notice of hearing alleging violations of the Nonresident Workers Act, among other things.

The lawyer asserted that Camacho’s involvement in reviewing and approving many of respondents’ employment contracts raises a serious issue of conflict of interest and renders him unqualified to participate in any form in the investigation of this matter.

Torres said it would be unreasonable to expect Camacho, or any official in similar circumstances, to investigate in an unbiased and objective manner.