While these garment workers were very supportive in advocating for the improved status of all foreign workers in the island, they cannot set aside their grievances that they were really cheated and misinformed by the Trust Fund Trustees of the $20 Million Settlement Agreement Money of which they were the key personalities why such action was created and settled. According to them:
Judge Bellas on his response through letters to the editor was very much welcomed by the former garment workers group. At least they had the idea on what really was transpired during the process of the distribution of the money. They are hoping that Judge Bellas will continue to disclose and or reveal all the expenses incurred and delivered during the entire process of the distribution without concealing a single cents for public knowledge via general publication such as Newspapers specifically because not all former garment workers had an access to the internet to look into the court records that are on public record. This were the very reason why for the past years they are not very much aware of what was going on with the money until such time that they read at the newspapers the notice that the residual fund is now open for distribution to a qualified charitable institution by way of Cy Pres. Some were knowledgeable of what was going on with the money that is why they decided to file a petition to stop the distribution to charitable institutions sometime in November 2009 on their own without the aid of a legal counsel in the absence of cash money for attorney’s fee but Judge Bellas simply ignored and denied their plea. During that denial, Judge Bellas should have advised the group to seek assistance to their counsel (Plaintiffs’ Lawyer). That was one of the arguments raised by Judge Munson on his denial for the motion for restraining order and preliminary injunction. Time is too short for those to seek legal assistance and no one from among the available lawyers in the island would want to accept their case, they decided to file a motion for restraining order and motion for preliminary injunction as pro se.
US District Court for the NMI Judge Alex R. Munson on his denial order for former garment workers motion for temporary restraining order and for preliminary injunction dated January 29, 2010 specifically states that, and I quote; “As an initial matter, plaintiffs’ counsel has been available to the filers of these motions for year and yet they apparently never sought assistance from counsel” How did these worker know that their lawyers during the litigation process can still be their lawyer after the case was already closed. Judge Bellas should have advised the former garment workers that these lawyers can still defend and or advise them although the case is settled and that the plaintiffs’ lawyers had already received their Attorney’s Fees (in six figures). If the plaintiffs’ lawyers are indeed still available to the filers of this motion according to Judge Munson, the (then) plaintiffs’ lawyers should have been called the attention of this former garment and advised them what to do, but where are they? The workers said. The Ombudsman office advised them to go to Judge Bellas office but when they were there, they were advised that they had no more legal claims based on their denial letters that they received.
Former garment workers were practically aware of the settlement money when the case was settled in 2003 in fact they started calling the GOB office of their claims but they were unaware of the legal issue that preventing the money for distribution. They said, what are those legal issues between 2003 and 2006 when the first distribution came out only on 2006 when a lot of garment workers are already leaving the island? Although Plaintiffs’ lawyers are basically aware of what is going on with the distribution of money, they never initiated a move to assist and go over the records of these workers who were unaware of the legal issues and matters arising from the residual money that they were claiming to be part of it, where were they as their lawyers during the litigation process. The former garment workers were not late in claiming their money.
According to Judge Bellas, “The GOB had nothing to do with calculating the amount or the mailing of this first payment to the workers. The attorneys for the workers hired a firm in Northern California called Gilardi & Co. (Gilardi) and they created a computer software program, which determined how much each worker should be paid based on several factors. Gilardi sent out roughly 29,000 checks to the class members. Of those 29,000 checks, Gilardi reported that slightly in excess of 13,000 were actually received and cashed by the class members and 16,000 were returned because they were never cashed”.
Another group of lawyers harvested money from the Settlement Agreement, the Gilardi & Co.
First, the $20 Million Settlement Money was paid to the Attorneys who represented the class members; obviously they took their share as lawyers from the Settlement Agreement. It took quite some time before they start distributing the money for what reason? What are the legal issues behind the delay for 3 long years? How much were spent by these lawyers during the 3 years period of delay?
Second, here comes the Garment Oversight Board, the caretaker of the settlement agreement chaired by Judge Bellas, and two other members that were set up pursuant to the settlement agreement in the class action against garment industry but Judge Munson closed the GOB in October 2008 and thereafter creating the Garment Workers Trust Fund. According to the former garment workers, there are a lot of lawyers in the settlement agreement money who plays “Rock en Roll” enjoying their work (Music) while earning huge amount of money and when they gets sweat-wet, they just change their shirt (Name GOB to GWTF) and play again,
Third, guess what? Who chaired the GWTF? It was the same person who chaired the GOB former Judge Bellas (just change the name) only that this time he took another two retired lawyers to sit with him in the GWTF. Again, according to the former garment workers how much they earned for the long years of their stay on their chairs at GWTF office before they finally decided to close the 9 years settlement agreement distributions. But wait, former garment workers thought that there were only three groups of lawyers who played rock en roll in the settlement agreement, there was a fourth and fifth players but this time, this group is highly technical in their approach because they created a computer software program to determined how much each workers would get from the $20 Million settlement agreement money and used the magic word “Non-Profit” for the fifth and final player.
Fourth player, the “Gilardi & Co…” “The attorneys for the workers hired a firm in Northern California called Gilardi & Co. (Gilardi) and they created a computer software program, which determined how much each worker should be paid based on several factors. Gilardi sent out roughly 29,000 checks to the class members. Of those 29,000 checks, Gilardi reported that slightly in excess of 13,000 were actually received and cashed by the class members and 16,000 were returned because they were never cashed.”
Finally, the Fifth and the final “Rest in Peace” of the settlement agreement money for 9 long years is the Non-Profit Charitable Institutions in Saipan.
This, according to the former garment workers should be properly addressed by the settlement agreement trustees. They have to disclose all the money they spent up to the last cents because that money was created out of our (garment workers) sweat, and under peonage and involuntary servitude from the garment factory owners, (our employer). Those who received the first distribution said that they are not satisfied with the double digit amount that they received while a lot of them receive nothing but denial letters from Judge Bellas. Thank you sir for disclosing some of the details from the settlement agreement money, but please let us know more of what you know because this is now the subject of our inquiry. We will find out the truth on how you spent our money, the former garment workers group said.
For the former garment workers
CARLITO J. MARQUEZ
Puerto Rico, Saipan
