PALEA slams arrest warrants on 39 members

Press Release

September 6, 2012

PALEA

The Philippine Airlines Employees’ Association (PALEA) slammed a Pasay judge for an order to issue warrants of arrests against 39 of its members. The arrest warrants arose from a case of grave coercion filed by Philippine Airlines (PAL) management. “On October 29, 2011, hired goons attacked the PALEA protest camp and then PAL management tried to turn tables by filing trumped up charges against active union members. This harassment case is meant to pressure PALEA members to surrender our fight for regular jobs,” declared Gerry Rivera, PALEA president and vice chair of Partido ng Manggagawa.

Last August 15, Judge Bibiano Colasito of the Metropolitan Trial Court Branch 44 ordered that warrants of arrests be issued after a finding of probable cause. Rivera vowed that PALEA will not give up its fight and instead challenge the decision of the court. “This issue proceeds from the labor dispute between PAL and PALEA, and thus before any civil court intervenes it must first secure a clearance from the Department of Labor and Employment or the Department of Justice which did not happen in this case,” he clarified.

In the October 29 incident, half of the protest camp was torn down, a PALEA member was severely injured in the face by an attacker and one of the goons by the name of Johnny dela Cruz from Malabon was caught but later released by the police.

“In the course of almost one year of unwavering protest against outsourcing, it is clear that there will be no industrial peace at PAL without justice for its workers. Even the new PAL CEO Ramon Ang has recognized it after hearing PAL employees who spoke at the annual stockholders meeting last August 31. Ang responded that management will talk to PALEA to find a solution to the labor dispute,” Rivera said.

He also announced that big mobilizations will be held on September 27, the first anniversary of PALEA’s airport protest against outsourcing. Rallies will be held in Manila and Cebu while actions will also be staged by airline and other unions in Sydney and Melbourne, Istanbul in Turkey, San Francisco in the USA, Toronto and Vancouver in Canada, Lahore in Pakistan and other countries. The September protests are billed as a global day of action for airline workers to highlight the campaign against outsourcing and for workers rights in the aviation industry.

                                                                                                     

Apart from the grave coercion rap, 234 PALEA members including the top leaders are facing another case due to the September 27, 2011 protest at the Manila International Airport. PAL filed the case for alleged violation of RA 9497 or the Civil Aviation Authority of the Philippines (CAAP) Law, specifically Section 81 (b) (5) which sanctions “any person who destroys or seriously damages the facilities of an airport or disrupts the services of an airport.”

Rivera added that the decision has a chilling effect on labor relations and is a clear and present danger to workers rights. “Labor protests will then be banned in the aviation industry with workers penalized by both imprisonment and fine in violation of constitutionally guaranteed rights. This will be a grave precedent and new special laws can then be enacted to deny workers the freedoms of assembly, expression, self-organization and strike,” he explained.

He explained that “The decision is void of any legal basis as no damages were committed to airport facilities. The CAAP Law is also explicit in providing that ‘only the Director General’ can file the appropriate charges and not the PAL Vice-President of the Airport Services as in this case.” Despite the finding of probable cause by another Pasay court for the CAAP Law case, warrants of arrest have apparently been stayed by petitions for review filed by PALEA.

PALEA says criminal charges against 41 members is just another harassment

Press Release

November 10, 2011

PALEA

The Philippine Airlines Employees’ Association (PALEA) declared that the criminal charges filed by Philippine Airlines (PAL) against 41 of its members are just part of the continuing harassment of its peaceful protest camp. “PAL is using the courts to bully our members in to submission. The filing of charges left and right is meant to coerce PALEA members to avail of separation package and to apply as contractuals in Sky Logistics and Sky Kitchen which are gravely in need of the trained expertise of these workers,” announced Gerry Rivera, PALEA president and vice chair of Partido ng Manggagawa.

PALEA is confident that similar to the dismissal of PAL’s motion for a temporary restraining order against the campout by Pasay Judge Maria Rosario Ragasa, the criminal charges will also be found without merit. “All the incidents at the protest camp arose out of and involve the labor dispute between PAL and PALEA and thus jurisdiction properly resides in the National Labor Relations Commission or the Labor Department,” Rivera explained.

He argued that “The big question is: Why is PAL trying to operate the In-Flight Center (IFC) when its in-flight catering and airport services have already been closed down? Evidently PAL will allow Sky Logistics and Sky Kitchen use of the IFC which means the service providers are nothing but illegal labor-only contractors.”

Rivera also described the incident involving the PAL truck that attempted to leave the PAL In-Flight Center last October 29 as “a diversionary tactic while hired goons attacked the protest camp.” Rivera added that “The PAL truck tried to leave the compound accompanied by a phalanx of security guard in full riot gear. But despite their overwhelming number vis-avis a handful of PALEA members, the PAL guards retreated when the attack on the other end of the protest camp was already proceeding.”

He recounted that “At around 5:45 am, some 40 hired goons attacked the PALEA protest camp while women and children were still sleeping. Armed with long sticks and stones, the goons destroyed tents in half of the campout and injured seven PALEA members in the violent daybreak. One of the goons was apprehended and confessed in a sworn testimony to the police that they were paid by management. In a new outsourcing scheme, PAL had employed the services of a goons-provider to undertake the dispersal attempt.”

PALEA is asking the public to “Look at the complete picture. Be a critical judge.”

PALEA readying own charges vs. attackers

Press Release

November 1, 2011

PALEA

The Philippine Airlines Employees’ Association (PALEA) declared that they are readying their own charges against those responsible for the daybreak attack on its protest camp even as it dismissed a Philippine Airlines (PAL) announcement that it will file complaints against union members. “PAL is trying to divert attention from its culpability in the violent daybreak attack on the PALEA protest camp which led to the death of one bystander and injuries to seven of our members. Apparently PAL’s best defense is offense,” insisted Gerry Rivera, PALEA president and vice chair of Partido ng Manggagawa.

A criminal complaint had already been filed against a certain Johnny dela Cruz, one the alleged hired goons who was apprehended by PALEA members during the attack. PALEA is now consulting with its lawyers on another case against the purported mastermind of the attack. Dela Cruz had signed a sworn statement to the police that he was paid together with others to dismantle PALEA’s campout.

PALEA also reacted to Malacanang’s call for sobriety. “It is not comforting words but swift action that will resolve the labor row. Workers are getting killed and hurt while PNoy turns a blind eye to the escalating violence foisted on PALEA. Contrast this administration’s inaction to the Australian government’s swift intervention in the Qantas lockout.”

News reports quoted PAL as saying that it is readying charges against people who blocked a catering truck from leaving the In-Flight Center (IFC). “It is PAL’s habit to threaten its workers in a futile effort at intimidation. They threatened administrative cases against employees for joining mass actions and they said they will file an illegal strike charge but none come of it,” Rivera added.

He added that “PAL could only invent the lamest excuse—that PALEA foisted the attack on its own campout. Unfortunately for PAL and its outsourced goons-provider, one of the attackers was caught and gave some damning admission. But the bigger question that people should ask is this: Why does PAL want the IFC to operate when it has declared that the airport services, call center reservations and catering departments have been closed? If Sky Kitchen and Sky Logistics need the IFC then these are illegal labor-only contractors not independent service providers.”

Meanwhile PALEA members sacrificed the traditional visit to deceased family members and instead guarded the campout which has been the subject of two failed dispersal attempts. Today they lighted candles and made a makeshift coffin to symbolize the continuing protests against outsourcing and contractualization at PAL and the rest of the world.

Tomorrow PALEA will embark on a three-day “Lakbay-Hustisya” or long march around Metro Manila in order to bring its campaign against contractualization to the grassroots level. The “Lakbay-Hustisya” will pass by parishes and communities in Manila, Quezon City, Makati, Paranaque and Pasay as part of PALEA’s aim to garner the support of ordinary Filipinos in the fight for regular jobs.

PAL hiding behind ghost “goons-provider” to evade culpability – PM

PRESS RELEASE

30 October 2011

The labor group Partido ng Manggagawa (PM) accuses the Philippine Airlines (PAL) management of hiding behind the ghost of a “goons-provider” it hired to free itself of any responsibility from the expected violent outcome  of its planned clearing operation of PALEA’s protest camp.

PM’s accusation came after PAL denied any involvement from the goons’ Saturday attack on PALEA’s protest camp which resulted to the death of one bystander and physical injuries to at least eight PALEA members who valiantly defended the camp.

The labor group had been supporting PALEA in their fight against mass layoff and contractualization.  It likewise accused PAL owner Lucio Tan, whom it denounces as the real economic saboteur, of using his money and influence in getting favorable decisions from all branches of government.

“The Saturday attack was well planned from the recruitment stage to the actual dispersal operations.  Of course the bright minds of Estelito Mendoza won’t allow PAL President Jaime Bautista to do the actual recruitment of thugs from depressed communities.  Like the service providers that were contracted out by PAL to replace its regular workers, the formation of a demolition team to break PALEA’s camp-out was likewise outsourced to a qualified goons-provider,” stated PM Secretary General Judy Ann Miranda.

Miranda disclosed that PALEA had in fact been informed by a reliable source of the possible attack, prompting the union to file a blotter at a nearby police station informing the authorities of an imminent danger, a day before the actual attack happened. (See attached copy of the blotter).

“Paid and armed with obviously supplied batons and security shields, goons did strike on Saturday.  And according to witness accounts, they were being commanded by a security personnel inside a van parked along the MIA road,” said Miranda.

Miranda added, “PAL was very quick to distance itself from the incident upon learning of the bungled expedition by the goons-provider.  It even blamed PALEA for a security guard’s own fault of trying to use a fire extinguisher against the protesters just to conceal its behind the scene involvement in the whole operation.”

PAL, Miranda said, should not be allowed to evade culpability from the injuries suffered by PALEA members, as well as to the death of a bystander who suffered a heart attack in the midst of the melee.

The labor group called on all concerned government agencies to conduct thorough and impartial investigations of the incident.

PALEA decries PAL’s harassment of protest camp

Press Release

October 30, 2011

PALEA

The Philippine Airlines Employees’ Association (PALEA) decried the management of Philippine Airlines (PAL) for its continuing harassment of the protest camp outside the In-Flight Center (IFC) along

MIA Road

. “Two weeks before yesterday’s daybreak attack on the PALEA campout, PAL management started engaging in dirty tricks to harass the hundreds of members staying at the camp. It began with putting containers of rotting food along the gates and walls adjacent to the campout. Then early this week, loud music was blasted from speakers inside the IFC towards the protest camp,” Gerry Rivera, PALEA president and vice chair of Partido ng Manggagawa revealed.

Rivera also slammed PAL for refusing to fly PALEA members who have already been issued tickets as part of their employee benefits before they were retrenched. “We have a member who flew to the US a week ago on a trip pass benefit but we have received a report that PAL is refusing to honor her return trip unless she signs up for the service provider. We are now consulting with our lawyers since PAL is possibly in violation of its commercial obligations under the law.” he explained.

“This petty persecution also reveals PAL’s desperate need for the skilled work of PALEA members even as it puts up a brave front that flights are normalizing under the untrained and overworked scabs now running its operations. Woe to PAL that there are now more ghosts than people riding its planes during the Halloween peak season,” Rivera exclaimed.

Rivera also argued that “Its renewed attempt to disperse PALEA’s campout is exposing PAL’s lies. PAL claims that the 2,400 PALEA members cannot be accepted back to work since the airport services, in-flight catering and call center reservations departments have been closed and outsourced. So how come PAL insists that the IFC which houses the catering department is essential to its operations? This bolsters our contention that Sky Kitchen is an illegal labor-only contractor and thus PAL needs to allow it access to the facilities of the IFC so it can provide catering service.”

PALEA has already complained to the concerned barangay officials. “PAL’s dirty trick against the protest camp is not just endangering the safety and health of PALEA members but also the residents of the nearby community of Baltao. The odious odor, swarm of flies and loud noise are a health hazard to everyone within hundreds of meters. In fact it even imperils PAL’s own security guards who are forced to cover their noses and possibly wear ear plugs as they have no choice but to follow management orders,” Rivera asserted.

PALEA has already rebuilt the tents destroyed in yesterday’s attack by “hired  goons” as confirmed by one the attackers who was caught. “Despite it being the eve of the day the dead, the forces of good overcame the forces of darkness, workers unity defeated corporate greed. As we earlier vowed, PALEA will defend its ‘occupy protest’ camp,” Rivera insisted.