Filipino migrant teachers in Louisiana win POEA case

Press Release

May 22, 2011

The Philippine Overseas Employment Agency (POEA) found in favor of ten Filipino migrant teachers deployed to Louisiana, USA in an administrative case against their recruiter. In a decision dated May 9, 2011, the POEA cancelled the license of the local-based recruitment agency, imposed fines and awarded refund to the complainants.

“We welcome the victory of the brave Filipino migrant teachers of Louisiana. This comes in the wake of earlier awards by the Louisiana Work Commission (LWC) to the teachers for violation of labor laws in the US by their US-based recruiter. Hopefully illegal recruiters will learn a lesson from the courageous fight put up by the teachers,” stated Judy Ann Miranda, secretary-general of Partido ng Manggagawa (PM).

PM is assisting the Filipino migrant teachers in their organizing efforts through a US-based liaison officer and in their legal case here in the Philippines. Among the complainants who won an award from the POEA is Mairi Nunag-Tanedo who is executive vice president of the Filipino Educators Federation of Louisiana (FEFL), the organization formed by the US-based teachers in pursuit of their campaign for justice against their illegal recruiters.

“We encourage other teachers who have been similarly victimized by PARS and UPI or other illegal recruiters to come out and fight for your rights. We will support you and through perseverance, you will surely win as the precedent of the Louisiana teachers have shown,” Miranda added.

In the decision signed by POEA Administrator Carlos S. Cao, Jr., the local-based PARS International Placement Agency and the US-based Universal Placement International (UPI) was found guilty of overcharging of fees. The license of PARS was ordered cancelled, and its officers and directors of the agency at the time the offense was committed were also prohibited from engaging in the business of overseas placement. Fines were also imposed on PARS. Finally, refunds in amounts ranging from USD 4,583.33 to USD 7,169.33 were awarded to each of 10 complainants. They had originally paid around $15,000 as placement and other fees.

Moreover UPI was prohibited from participating in the overseas placement program of the government. The owners of PARS and UPI, Emilio V. Villarba and Lourdes Navarro respectively, were also put in the POEA’s list of people with derogatory records. These two entities, according to PM and FEFL are owned and operated by one family since Villarba and Navarro are siblings.

In separate cases filed by some 15 teachers more than a year ago, the two agencies were accused of over-charging their clients of placement and other fees, and contract violations. Last April 10, 2010, the LWC ruled that UPI had charged the teachers certain fees which were prohibited and premature under state laws, and ordered it to repay the Filipino teachers $1.8 million in illegally charged fees.

Filipino teachers in US file class suit vs oppressive recruiters

Press Release August 6, 2010

Filipino migrant teachers in Louisiana today (August 5, US Central Time) filed a class lawsuit against Universal Placement International (UPI) and its Philippine based partner, PARS International for various offenses ranging from racketeering, human trafficking, extortion and mail and wire fraud.

Hundreds of Filipino migrant teachers who are working under H1-B visa and are deployed in several school districts in Louisiana are represented in the class action lawsuit. The plaintiffs are spearheaded by the Filipino Educators Federation (FEF) of Louisiana, a group formed to organize the victims of the recruitment agencies and pursue efforts against these same agencies.

Also named as respondents in the complaint are Lourdes “Lulu” Navarro and Hothello “Jack” Navarro of UPI, Emilio Villarba of PARS International; UPI’s law firm Silverman and Associates and lawyer Robert Silverman; and the East Baton Rouge School District and three of its former and one current officers.

The lawsuit arouse from the illegal and highly exorbitant amount that were charged to the Filipino teachers. The recruitment agencies were never transparent and always seemed to come up with additional payments. When teachers attempt to complain or question the policies of the agency they were threatened to be sued or fired or deported back to the Philippines. Aside from the illegal charges, the teachers were intimidated to sign lopsided contracts.

During a press conference held to announce the filing of the suit, a press statement was read by Ingrid Jomento-Cruz, FEF President. “We never imagined that an oppressive racketeering trap was laid before us. Universal Placement International or UPI and its Philippine-based conduit, PARS International, created a non-transparent scheme that starts with earning your trust, then proceeds with a series of payment collection laced with subtle intimidation and then followed through with fraud, coercion and open extortion. We were herded onto a path, a slowly constricting path, where the moment you realize that something is not right, you were already way past the point of no return.”

“This oppressive scheme of UPI and PARS wouldn’t have been totally successful without the knowledge, tolerance and support from individuals who acted on behalf of the School System. We cannot deny the fact that they cooperated with the recruiters or failed to object to actions that they knew were highly questionable if not downright illegal.”

While the East Baton Rouge School District was named as one of the respondents, Jomento-Cruz underscored that they have no animosity against their current employer. “We would like to make it clear that we harbor no ill will towards the Louisiana School System… The new superintendent has paid attention to our concerns and has closely monitored the problems we have encountered…Let me also use this opportunity to declare once again that we continue to have a strong commitment to our students, and will continue to serve the district for we believe that the actions by some individuals within the EBR School District do not represent the values of the institution and the people of Louisiana.”

“The exploitation of migrant workers is an ongoing and a growing problem here in the US. This lawsuit is again another arena of battle to expose these entities that are out to exploit migrant labor. PM joins the call for stronger legislation that will ensure the protection of the rights of migrant labor,” said Ian Seruelo, US Liaison officer of the Partido ng Manggagawa (PM Labor Party).

According to the FEF statement, the objective of the legal action “is to ensure that these exploitative practices end now. We do not want this to happen to any other teachers who come here from the Philippines or anywhere else. And we can not stop these oppressive schemes unless everyone involved understand that they cannot simply look the other way when they encounter abusive practices by recruiters.”

Representing the Filipino teachers is a legal team assembled by the Southern Poverty Law Center and American Federation of Teachers (AFT). AFT and Louisiana Federation of Teachers (LFT) have been instrumental in the struggle of the Filipino teachers. In the Philippines, PM and the PSLINK labor confederation are assisting the teachers’ efforts.

Justice to Filipino migrant teachers!

Filipino Educators Federation (FEF) – Louisiana
Press Statement
August 5, 2010

Two to three years ago, we made a big sacrifice. We decided to leave our country and start a new life as teachers in a foreign land. At first, we were hesitant to leave our families, our children and our friends; our very own community and the pupils whom we have served and learned to love.

However, the aspiration of securing a better future for our families made our decision easier. We all believe that America is a land full of promise – a promise of opportunity for ourselves and stable future for our families.

So we started our journey, sacrificed all to raise the needed resources, borrowed money from lending agencies, put ourselves deep in debt, selling our properties, resigned from our respective jobs, practically putting in line the very future of our children, of our families.

We never imagined that an oppressive racketeering trap was laid before us. Universal Placement International or UPI and its Philippine-based conduit, PARS International, created a non-transparent scheme that starts with earning your trust, then proceeds with a series of payment collection laced with subtle intimidation and then followed through with fraud, coercion and open extortion. We were herded onto a path, a slowly constricting path, where the moment you realize that something is not right, you were already way past the point of no return.

Of course, this oppressive scheme of UPI and PARS wouldn’t have been totally successful without the knowledge, tolerance and support from individuals who acted on behalf of the School System. We cannot deny the fact that they cooperated with the recruiters or failed to object to actions that they knew were highly questionable if not downright illegal. This is tantamount to aiding and abetting the illegal and oppressive operation of the recruitment agency.

We, members of the Filipino Educators Federation of Louisiana, would like to make it clear that we harbor no ill will towards the Louisiana School System. We want to emphasize that we love this community and we now consider Louisiana as our home. We think of our students as our own kids. The new superintendent has paid attention to our concerns and has closely monitored the problems we have encountered. And we have had tremendous support from the East Baton Rouge community. We will continue to give our 100 percent to our teaching vocation as we strive to push our students for a brighter future. Let me also use this opportunity to declare once again that we continue to have a strong commitment to our students, and will continue to serve the district for we believe that the actions by some individuals within the EBR School District do not represent the values of the institution and the people of Louisiana.

Now, we are here before you to make public our filing of a class action lawsuit against these abusive recruitment agencies and against all others who are responsible in perpetrating these serious violations against human dignity.

This is going to be a long battle but we are steadfast in our resolve to correct the wrongs that were committed. We are here to assert that there is no room for these oppressive and exploitative schemes in a civilized society. The goal of our lawsuit is to ensure that these exploitative practices end now. We do not want this to happen to any other teachers who come here from the Philippines or anywhere else. And we can not stop these oppressive schemes unless everyone involved understand that they cannot simply look the other way when they encounter abusive practices by recruiters.

We have learned a lot from these experiences, from these struggles. And we are very fortunate to have the support of the American Federation of Teachers, the Louisiana Federation of Teachers, the East Baton Rouge Parish Federation of Teachers, the Southern Poverty Law Center, the law firm Covington and Burling, and the Filipino community here in Louisiana; as well as Philippine-based groups that work with us, the PSLINK labor confederation and the Philippine labor party. We owe a great deal to all of them for they have given us the courage and support to stand up for our rights and have magnified our voice when nobody listened.

Now as we continue to embark on our enduring journey, we call on our colleagues in the Louisiana School System and to the public to support our cause as this is not just a migrant teachers issue but an issue of public interest, an issue that concerns respect for human rights and an issue that concerns the education of our children.

Justice to Filipino migrant teachers! Justice to all migrant workers!

Filipino teachers group receives US union’s Democracy Award

Press Release
July 11, 2010
Filipino Educators Federation of Louisiana

A newly formed Filipino teachers group based in Louisiana, USA received yesterday (July 9 US Pacific Time) a prestigious award conferred by the American Federation of Teachers (AFT), a large US-wide union of teachers and professionals.

In a national convention of the AFT, the Filipino Educators Federation of Louisiana (FEFL) was awarded the President’s International Democracy Award. This award was created two years ago by AFT “to highlight the continuing struggle for human rights around the world.”

In an earlier letter to FEFL informing of the award, AFT stated, “We have selected your organization for your perseverance in fighting against the abusive treatment of placement agencies, its dedication to promote the rights and welfare of all educators and migrants and its commitment to the democratic and legal system.”

In the letter addressed to Ingrid Jomento-Cruz, the founding President of FEFL, AFT further said “AFT leaders and staff have witnessed the immense courage you and your colleagues have displayed in the face of great adversity.”

Jomento-Cruz, also an active member of AFT, received the award in behalf of the Filipino teachers group. Jomento-Cruz and other Filipino teachers have been instrumental in organizing the efforts of Filipino migrant teachers against the abuses of their recruitment agency, Universal Placement International (UPI) and its Philippine-based counterpart, PARS International. Jomento-Cruz was also accorded as the International Honoree during the same event.

The efforts of the Filipino teachers in coordination with AFT and other groups resulted to initial legal victories including the decision by Louisiana Workforce Commission ordering UPI to refund up to $1.8 Million in fees to the teachers.

In her acceptance speech, Jomento-Cruz cited how AFT helped them revisit a Filipino virtue of Bayanihan. “It is most impressively displayed in the old tradition of neighbors helping a relocating family by getting enough volunteers to literally carry the house on their shoulders and moving it to its new and better location. And believe it or not, that act is done with happy, festive and unexpecting disposition. We can clearly see then that these heroes in the community collectively work and sacrifice for each other and be heroes to one another. In essence, Bayanihan is all but one with the spirit of Unionism.”

“AFT made us realized a strong message of being heroes in our own ways united as a potent force, unloading each other’s burden, pushing common goals and aspirations with pride and dignity,” added Jomento-Cruz.

The AFT convention, held in Seattle, Washington, is currently ongoing and is attended by more than 3,000 union members and guests from labor and union network all over world. Filipinos are well represented in the convention with Filipino migrant teachers as delegates from different states including Baltimore, Washington DC, California and Louisiana. International guests also include Philippine-based organizations; Annie Geron, Secretary General of Public Services Labor Independent Confederation (PSLINK) and Ian Seruelo, US-Liaison Officer of Partido ng Manggagawa (PM). PM and PSLINK have been supporting the organizing, campaign and legal efforts of Filipino teachers.

The formation of FEFL earlier this year marked the unified and coordinated action by migrant Filipino teachers in Louisiana to push back against the exploitative practices of their placement agencies. The founding objectives of FEFL include the following: (1) To help Filipino teachers and workers who are victims of trafficking, oppressive forms of recruitment and unfair labor practices; (2) To implement campaigns to pursue justice and enforce the rights of migrant teachers and workers; (3) To advocate for the promotion of the welfare of migrant workers both in the US and in the Philippines, and (4) To raise public awareness about the plight of migrant teachers and workers as a whole.

Filipino teachers form organization to pursue justice vs recruiter

Press Release
February 12, 2010
Filipino Educators Federation of Louisiana

Baton Rouge, Louisiana–Filipino migrant teachers who are in a struggle against their recruitment agency on allegations of overcharges and exploitation have banded together to form an advocacy and campaigns organization to consolidate their growing movement.

In a whole day activity dubbed as Filipino Migrant Teachers Assembly held last February 6, 2010 at the Labor Hall in Baton Rouge, Louisiana, more than 50 teachers from the different school districts in Louisiana discussed the concept, objectives and organizational structure of the group. By the end of the day the Filipino Educators Federation of Louisiana was formed and a set of officers was elected.

Ingrid Cruz, one of the organizers of the activity and the elected founding President of the federation underscored the importance of the gathering. “This formation is not only to obtain justice for ourselves and our families but to increase awareness on the issue and prevent more Filipinos from being victimized by these unscrupulous and abusive placement agencies.”

Among the objectives of group are the following: 1. To help Filipino teachers and workers who are victims of trafficking, oppressive forms of recruitment and unfair labor practices; 2. To implement campaigns to pursue justice and enforce the rights of migrant teachers and workers; and 3. To advocate for the promotion of the welfare of migrant workers both in the US and in the Philippines.

It can be recalled that several Filipino teachers started to expose the oppressive policies of their placement agency and their horrible experiences through a blog, www.pinoyteachershub.blogspot.com, which until now continues to rally the teachers to move collectively to obtain justice. People behind the blog are believed to be part of this teachers’ formation.

In the latter part of last year, the teachers with the help of the American Federation of Teachers (AFT) have filed complaints against the California-based Universal Placement International (UPI) with the U.S. Department of Labor and the Louisiana Workforce Commission. In the Philippines, these teachers in coordination with the labor party-list Partido ng Manggagawa (PM) are filing complaints with the POEA against UPI’s Philippine-based counterpart PARS International.

Mairi Nunag, also an organizer of the formation and the elected Executive Vice-President said that they are expecting that more Filipino teachers will join the organization. “We have many more colleagues who are one with our goals and aspirations. Before, they are afraid to come out in the open to fight these agencies but now many realized that there is no more option left but to stand up and fight.”

The activity was keynoted by Atty. Jesse Marchan, a Filipino-American immigration lawyer who has also volunteered to help the teachers in their situation. Solidarity messages from the Filipino community in Baton Rouge, from PM labor party-list, from the teachers’ blog and other groups were read during the activity.

Renato Magtubo, PM Chairperson, in a message of solidarity challenged the newly formed organization for the “bigger battle of gaining a voice and winning reforms for Filipino migrant workers in the US.” Ian Seruelo, the PM-Liaison Officer in the U.S. who is also one of the organizers of the event expressed confidence that the formation will solidify the gains of the different efforts and campaigns against the “oppressive tandem of UPI-PARS.” “We will not stop until those responsible for these exploitative practices are punished,” Seruelo added.

Filipino teachers who are holding H1B working visas were deployed in different school districts in Louisiana starting 2007 to fill in the shortage of teachers especially in the fields of math, science and special education.

Labor party welcomes suspension order against teacher recruiter

PRESS RELEASE
22 November 2009

The labor partylist group Partido ng Manggagawa (PM) welcomes the issuance by the Philippine Overseas Employment Administration (POEA) of a preventive suspension against the recruitment agencies accused by local and US-based Filipino teachers of defrauding and exploiting them.

In an order dated November 19, 2009, the POEA by motu propio suspended the operation of PARS International Placement Agency and Universal Placement International, recruitment agencies which had been the subject of several complaints by many teachers both here and in the US. The suspension order is for POEA Cases No. RV 09-10-2258 / DAE 09-10-1873/ RV 09-11-2373 / DAE 09-11-1932 lodged by several teachers against the two agencies.

The two agencies have been accused of over-charging their clients of placement and other fees and contract violations, among others.

The Quezon City-based PARS is owned by Emilio V. Villarba while the Los Angeles based UPI is owned by a certain Lourdes Navarro. These two entities, according to the case profile prepared by Louisiana-based Filipino teachers and the liaison officer of Partido ng Manggagawa in the US, are owned and operated by one family. Villarba and Navarro are siblings. The former is in charged with the recruitment in Philippines.

The suspension order came on the same day two more Louisiana-based Filipino teachers, Mairi Tanedo and Geralyn Bacus, filed their formal complaints against the agency at the POEA. Tanedo and Bacus were both deployed for a one year contract at the East Baton Rouge Parish School System in Baton Rouge, Louisiana. Some 250 teachers were deployed through these placement agencies in Louisiana alone.

“We view this as partial victory for our teachers, but sweet victory no less. And this was made possible with the courage and solid determination by our teachers to exact justice from crooked but well-connected recruiters,” said PM Secretary General Judy Ann Miranda.

The labor party believes that with the sanctions imposed against the PARS and UPI, more of its victims would surely come forward to pursue their cases.

But according to Tanedo and Bacus, after having talks with some POEA officials, the suspension order can be easily lifted soon after the agencies submit their counter claims. They hope, however, that their separate complaints will cause another suspension. The two teachers said they are also waiting for the notarized copy of some 60 more complaints coming from the US, which they believe could finally nail down these two agencies.

The Partido ng Manggagawa and the Public Services Independent Confederation (PSLINK) are also preparing to lodge their own complaints.

The American Federation of Teachers (AFT) also had taken up the campaign for the Filipino teachers by filing separate cases against the UPI before the US Department of Labor for several violations of labor and non-immigrant program laws. (see attached AFT Filing)

Tanedo and Bacus, in coordination with PM and PSLINK, are now organizing the linkages between the US-based teachers and their families here as well as with other teachers who were not able to leave the country but were already defrauded by PARS.

They will hold a press conference together with other victims of PARS in Cebu sometime next week.