Robert Myers, the lawyer of the guest workers, filed the complaint in court on Dec. 4 against Labor Secretary Gil M. San Nicolas, Labor Deputy Secretary Cinta Kaipat, Labor Director Barry Hirshbein, and the bonding and insurance companies.
Irene N. Tantiado, United Workers Movement, NMI president, is confident that guest workers will find justice.
It was her group that was instrumental in convincing the workers to file a “test case” against Labor officials.
“There were tears of joy when I was informed that Myers finally filed the lawsuit because it’s not an easy road,” she said. “The first obstacle was finding the right lawyer — a lawyer who is willing to do it and has a workable and innovative strategy.”
Tantiado said she was grateful that Myers took the challenged, adding that her group negotiated with other lawyers at that time.
“Although this is the first lawsuit of its kind, I have a very good feeling about our chances of winning,” she said. “Justice will prevail and we truly hope that at the end, the workers will get their money.”
In his order dated Dec. 10, Associate Judge David A. Wiseman said the counsels for both parties should be prepared to discuss the proposed order of procedure.
Within 30 days from the issuance of the order, the nonresident workers will secure a transcript, if they think it is necessary, while the Department of Labor, through its attorney, will cooperate with the plaintiffs in securing the tapes for producing the transcript.
The copy of the transcript will be handed to the counsel of the Department of Labor.
Labor is given 15 calendar days after service of transcript to certify the record and serve it on the counsel for plaintiffs.
Upon certification of the record, the plaintiffs will file a statement of undisputed facts within 15 days.
The plaintiffs, the order added, will also file a statement of disputed facts within 15 days from the filing of the order.
If there are no disputed facts, the plaintiffs will file a pleading.
Labor will file any opposition to any disputed or undisputed facts within 10 days after the plaintiffs have filed any statement of undisputed or disputed facts.
In the event that the parties dispute the statements of fact, they will have 20 days from the date the appellee/respondent’s opposition is due to file transcripts of the administrative record that support their respective contentions as to any factual issues found to be proven before the administrative agency.
Myers said nonresident workers and members of the public who need more information about the lawsuit may go to his Web site, www.lwyr4u.com, and click “Notices, General.”
“They may leave any inquiry or question by using the ‘Contact Me’ tab and I will respond shortly thereafter,” he said.
