Labor Yearender: Endo, TRAIN spur labor disputes, workers’ unity

The unfulfilled promise to end contractualization and the runaway inflation due to the imposition of TRAIN led to an outbreak of labor disputes in 2018 and the forging of a historic unity among workers’ groups in the country. According to the latest data from the National Conciliation and Mediation Board (NCMB), there were 21% more notices of strikes from January to August this year compared to the same period last year. Of the nine actual strikes recorded, five of them involved issues of regularization of workers.

Spurred by the resurgence in workers’ militancy, the country’s rival labor groups finally came together in a joint mass action in the Labor Day commemoration this year. The coalition Nagkaisa, which comprise some 40 labor groups and institutions, joined forces with the Kilusang Mayo Uno in a massive May 1 march from Espana to Mendiola. The disparate labor groups once more came together, along with other social movements and civil society organizations, in the United People’s Action during the State of the Nation address of President Duterte. Formally coming together as Manggagawa Ayaw sa Diktadura, the rival labor organizations marched again as one to slam the threat of a new dictatorship during the commemoration of the declaration of martial law last September 21.

While statistics from the NCMB show that actual strikes were down from 15 to just 9 (January to August this year compared to last year), the government’s data is inaccurate. To cite just one example, it does not include the strike last May at the Dong Seung garments factory in the Cavite ecozone. The Dong Seung strike is the latest in a string of disputes and struggles at the country’s biggest ecozone in the last four years. As a result, a dialogue finally started this year between labor groups, the DOLE and the Philippine Ecozone Authority to guarantee respect for freedom of association.

As the latest NCMB data covered only August, it does not list the biggest strike this year. On September 28, workers of Philip Morris Fortune Tobacco in Marikina and Vigan went on strike for more than one month against mass layoff and job outsourcing.  Undoubtedly many of the disputes and majority of the actual strikes involve contractualization.

The Department of Labor and Employment (DOLE) announced in its yearend report that some 400,000 workers were regularized this year. If it were true, it is most welcome. Unfortunately the data is suspect as it has not been independently verified. The DOLE based its figures from reports by companies which obviously have an interest in bloating the numbers. It was also not reported if the workers were made regular in the principal companies or just in the manpower agencies.

What is undeniable is that the DOLE’s own compliance orders to regularize workers in the country’s biggest companies have not been implemented. Worse, it has led to mass termination of workers. Last October the DOLE NCR regional office released an order to regularize some 2,600 contractual workers in dozens of agencies used by Philippine Airlines and PAL Express. The order has been appealed by management and has not been complied with. A similar order early this year on the telco giant PLDT to regularize 7,300 endo employees was defied through the termination of service contracts with 39 contractors and thus the retrenchment of the workers.

In the face of a spike in prices, a wave of wage hikes were ordered by different regional wage boards in the country. The increases however were below the amount needed to recover the lost purchasing power of workers’ wages. To cite an example, the P25 hike in Metro Manila is short by 30% to make up for the P35.84 erosion in wages due to the average 7% inflation in the NCR. Partido Manggagawa’s own cost of living estimate for a family of five in Metro Manila is around P1,300 a day, more than double the new minimum wage of P537. This continues the pattern of worsening inequality—real wages are stagnating despite the 50% productivity growth from 2001 to 2016.

The coming new year under the neoliberal and bloody policies of the Duterte administration does not augur well for the working class. On the heap of the broken promises of ending endo and abolishing regional wages, the workers should develop their own power through unity and action. The challenge for the workers movement in 2019 is to build upon the resurgence of militancy and the forging of labor unity to make the popular clamor for change a reality.

December 29, 2018

Over firing and suspension of union members: Workers of Korean-owned factory in Cavite restive anew

Workers strike at Tae Sung last February

Press Release

March 17, 2015

Workers of a Korean-owned metal factory in the Cavite economic zone, the biggest in the country, are restive once more because of a series of dismissals and suspensions of union members. The Tae Sung Employees Association, the labor union at Tae Sung Philippines Co. Inc., filed a notice of strike last Friday as it alleged unfair labor practices of the management.

In the three weeks since the settlement of a previous strike by the Tae Sung union, management has dismissed two union members and suspended six more, including one union officer. The Tae Sung union is alleging that the terminations and suspensions of active unionists are retaliatory acts and thus a violation of a settlement agreement that no such actions should be undertaken.

The National Conciliation and Mediation Board of Region IV-A has called for a meeting tomorrow between union and management in a bid to settle the new labor dispute. Just last February the Tae Sung workers launched a two-day strike over a deadlock in collective bargaining negotiations that has lasted for six months without an agreement between the union and management. The strike was settled with workers winning a wage hike and added benefits.

The Tae Sung union is citing the case of three workers in the spray department who were all charged with a case for eating in the production area. Two of them, who are active union members, were fired as a result but the third worker, who scabbed during the February strike, was given a “slap in the wrist” of just a five-day suspension.

The union is arguing that minor infractions by workers have been meted the maximum of 30-day suspensions thus constituting discriminatory acts. A 30-day long suspension means the loss of a month’s wage for the concerned workers.

Further, the union is complaining that management has delayed by a month the signing of the collective bargaining agreement even though the settlement provided it shall be finished in just one week.

The Partido Manggagawa warned of protests to support the embattled Tae Sung workers in case there is no breakthrough in the mediation meeting tomorrow. The union is also planning to hold a strike vote among its members.

CARMEN COPPER UNION STATEMENT ON IMPENDING STRIKE

Press Statement

February 13, 2014

The Carmen Copper Corporation (CCC) management is creating a scenario similar to the 1980’s. An all-out attack against workers and repression of the labor union are in progress right now. But just as in the 1980’s, the old union called PAMA survived and won, we will again prove to the management that they have picked the wrong fight. We, the entire 3,000-strong membership of PAMCC, will stand our ground and we will prevail. It is because history is on our side.

It is our time to counter and fight back with all the means available to us. We will strike where it will hurt the most. Today we filed a Notice of Strike (NOS) before the NCMB on the grounds of CBA violations and unfair labor practices. We will respect the cooling off period but after that we will hold a strike! This will be a winner take all battle, its either us who will surrender or them. This is our demand. We’ve been here before and we’ve done this before. PAMA then is the PAMCC now.

During the rehabilitation stage of our Company, we fully cooperated in order for recovery to proceed. Indeed, from 2007 to 2012 not a single labor dispute took place. A harmonious relationship between labor and management existed at that time. Even though the salary was meager compared to the industry standard, we endured the sacrifice n the spirit of rehabilitation. In short, we let ourselves be used by the management in order for the company to take off.

CCC did take off after 5 years, earning P800 million pesos per shipment. The company was able to attract new investments like the Henry Sy group. CCC kept on expanding its operations with the workforce growing continuously.

But the management wants more from us. To further boost profit, the management must get rid of the genuine workers union – the PAMCC. At the final stage of rehabilitation, the management organized, supported and funded a company union – the CCWLO. It became clear that the last phase of rehabilitation meant busting the genuine union! But the management did not succeed because their own creation exploded in front of their face. CCWLO registration was cancelled and delisted from the roster of legitimate labor organizations.

The Management wants more from us. Little by little they are taking back the welfare and benefits enjoyed by the workers under our collective bargaining agreement (CBA). Medicine allowances are limited to only P6,000 per year. The next of kin provision on hiring of new employees is not being followed and instead workers not related to any of the union members are hired. Wage discrimination is rampant. Issuance of company uniforms are overdue. The Mining Act of 1995 is blatantly violated, specifically on priority hiring of residents of barangays affected by mining. Finally a double standard exists on the implementation of company rules specifically on AWOL cases.

The management wants more from us. Little by little they are contracting out jobs in the mine site that are necessary and desirable to the business of CCC while casual employees remain even beyond the six months of continued service in the company.

PAMCC will not take this sitting down. We will resist and fight back. There is no choice left to us but to end the 5 years of “harmonious relationship” between PAMCC and CCC. So far, We have been able to defend our ranks from the attacks of management but they are becoming more hard-headed and unreasonable.

Last year, management used the PNP to harass our leaders by conducting two illegal raids in the house and office of our union president and union treasurer. The raiding team planted explosives and ammunitions as manufactured evidence for the filing of criminal cases against our two union leaders. But the objective of their harassment was a complete failure. Our two leaders further deepened their resolve to fight for our union and workers. We raised the issue before the ILO, government agencies and human rights groups.

Two weeks ago, management used the DOJ thru the hoodlums in robe in the Toledo RTC to issue a warrant of arrest against our two leaders. This judge violated all protocols and process on issuing the warrants. Again, this will not succeed because all the charges are fabricated and therefore will be dismissed in due time.

We will be demonized by the management through its paid hacks in the media. That is why we are doing this media conference so that the public would understand us, the issues involved and why did we arrived at this decision.

PANAGHIUSA SA MAMUMUO SA CARMEN COPPER – ASSOCIATION OF GENUINE LABOR ORGANIZATIONS – PARTIDO NG MANGGAGAWA (PAMCC-AGLO-PM)

MEMBER: NAGKAISA