Showing posts with label labor unity. Show all posts
Showing posts with label labor unity. Show all posts

Monday, June 10, 2024

Riders to Hold “Freedom Ride” on Independence Day

 


Motorcycle riders are set to conduct a “Freedom Ride” on Independence Day, June 12, 2024. This event is organized by Kapatiran sa Dalawang Gulong (KAGULONG) in collaboration with various riders' groups from Central Luzon and the National Capital Region. Also joining are members of Partido Manggagawa (PM).

 

Instead of heading to Masinloc, the riders from NCR, Bulacan, Pampanga, Bataan and Zambales will proceed to Candelaria, as the Mayor of Masinloc did not grant a permit for the event.

 

More and more riders' clubs have expressed their intention to join the Freedom Ride to protest China's claims over the South China Sea (SCS) and the West Philippine Sea (WPS). These claims have negatively impacted the livelihoods of local fishermen and have heightened tensions due to the militarization of these waters, involving various foreign powers.

 

“We do not want the conflict in the West Philippine Sea to escalate into a war due to geopolitical tensions between powerful nations. We seek freedom, justice, and peace in the area for Filipinos and neighboring countries with territorial claims in these waters,” stated KAGULONG Secretary General Don Pangan.

 

KAGULONG insists that demilitarization is the key to easing tensions and preventing war in these waters. However, both China and the US, along with other military powers like France, the UK, Australia, and Japan, must commit to this.

 

“Both China and the US should withdraw from these waters to allow our fishermen the freedom to fish, enable the Philippines to protect its sovereignty, and develop its exclusive economic zones independently, without bowing to foreign powers, whether they are new or former colonizers,” added Pangan.

 

He emphasized that it would be better for this region to become a zone of peace and neutrality, rather than a new battleground, which everyone fears.

 

Kagulong President Robert Perillo explained that many motorcycle riders are currently engaged in delivery services, transporting both foreign and local products. Any disruption in trade, such as the ongoing wars in Ukraine and the Middle East, affects them due to high fuel prices and trade delays.

 

Partido Manggagawa on its part reminded the public of the Philippines' involvement in imperialist wars like the Spanish-American War and World War I, due to its long colonization by Spain and the US, and during World War II when Japan occupied the country.

 

“Peace is easier for Filipinos to achieve than get trapped into a war not of its own making,” stated PM. 

Kapatiran sa Dalawang Gulong (KAGULONG)

June 10, 2024

Monday, November 4, 2019

Labor demands tripartite investigation over raids and mass arrests in Bacolod

Photo from Kodao.org
The country’s biggest labor coalition, Nagkaisa!, is demanding a tripartite investigation over the simultaneous raids and mass arrests conducted by security forces Thursday night against members of militant labor and women groups in Bacolod City to protect workers’ right to self organization. 

“We won’t let this assault on freedom pass without demanding accountability from authorities who ordered these Gestapo-style raids. We also want to send notice to the government that labor organizations in the country are jointly opposed to this kind of highhanded approach in dealing with legitimate sectoral organizations,”said Nagkaisa! in a statement sent to media. 

Some 57 people were arrested during the simultaneous raids conducted by a joint military and police forces against the Kilusang Mayor Uno, National Federation of Sugar Workers and Gabriela offices in the cities of Bacolod and Escalante in Negros last Thursday night. Cases of illegal possession of firearms and explosives were filed against those who were arrested, a charge vehemently denied by said groups. 

Nagkaisa! is pointing out that while the raids and mass arrests were carried out by virtue of a search warrant issued in Quezon City, it believes that this legality is eclipsed by the repressive character attending it which is common only under authoritarian rule.

The least that could have been done by security forces, the group said is to coordinate with labor department under the spirit of the Guideline on the conduct of the DOLE, DILG, DND, DOJ, AFP and PNP relative to the exercise of Workers’ Right and Activity.

“We envisage further that there’s more to this than meets the eye. Its chilling effect was obvious as they happen at a time the democratic spaces in the country were shrinking fast, including, among others, the systematic repression of trade union rights and the employment of violence against trade union organizers. We therefore demand a stop to the institutionalization of these draconian measures,” stated Nagkaisa! 

Labor groups were deeply concerned that the labor department’s ineffective response against trade union killings and red-tagging has emboldened our security forces to step up its brazen campaign against organized labor. 

“Thus we urge Secretary Silvestre Bello to step in, form a tripartite body and remind the military and security forces that DOLE has the prerogative in dealing with organized labor,” Nagkaisa said. 
Nagkaisa! is also urging the government to invite the ILO High Level Mission to visit the country the soonest time possible. 

The group finally reminded the government that the labor movement will always come to the defence of freedom and human rights as it values the union principle ‘an injury to one is an injury to all’. 

“An assault against a part of the labor movement, therefore, is an attack against the whole movement,” concluded Nagkaisa!

03 November 2019 

Saturday, December 29, 2018

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


Image result for may 1 rally philippines

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

Tuesday, May 1, 2018

Labor group slams Duterte for endo, inflation and unemployment



The labor group Partido Manggagawa (PM) slammed the administration of President Rodrigo Duterte for the persistence of endo, rising inflation and the threat of unemployment. PM called on the government to drop charter change and instead prioritize regular jobs and a living wage.

“Ang end endo ay naDuterte. Isa itong naDigong pangako. Workers are bearing the brunt of the broken promises of the administration. Malacanang’s belated announcement that an EO may be signed today is obviously a last minute maneuver. We’ll judge the EO when indeed one is signed. Contractuals do not become regular just because of a press release. Gawa hindi salita,” exclaimed Dennis Derige, PM-Cebu spokesperson.

PM joined the labor coalition Nagkaisa and the Cebu Citizen’s Assembly in the rally that gathered at the Sto. Rosario Church before marching to downtown Colon. PM participated in the labor unity rally of Nagkaisa and KMU in Manila that was a massive indignation mobilization against President Duterte’s failure to end contractualization. PM chapters in Bacolod, Davao and General Santos also mobilized for the nationwide Labor Day commemoration.

In Bacolod, PM and KMU contingents had a salubungan in the morning at the Fountain of Justice at the old City Hall. PM’s main rally was held in the afternoon after a mass meeting in the morning. In Davao, Nagkaisa and KMU assembled in the morning at Orcullo Park and then marched around the city.

PM warned of rising unemployment with a call from President Rodrigo Duterte for Kuwaiti OFW’s to come home, the six-month closure of Boracay and the impact of TRAIN on the economy.

“President Duterte is again making a personal promise, this time of providing jobs for OFW’s. But he has yet to deliver on his campaign promise two years go to end endo the moment he assumes the presidency. Mr. President, not another broken promise,” averred Derige.

The group is concerned as well with the rising inflation together with worsening unemployment. Economists predict that inflation will hit 4.6% this April. Inflation has steadily climbed every month from just 2.9% last December.

“Even as jobs remained contractual not regular, wages are being eroded by the escalation of prices. Where is the iron fist to control prices? Government is sleeping on the job!,” Derige argued.

He insisted that the fight against contractualization is not over as the group vowed to organize and mobilize workers in the continuing campaign to end endo. 

May 1, 2018

Monday, April 30, 2018

Workers warn of unemployment with OFW’s going back, Boracay closure and TRAIN impact



On the eve of Labor Day, the workers group Partido Manggagawa (PM) warned of rising unemployment with a call from President Rodrigo Duterte for Kuwaiti OFW’s to come home, the six-month closure of Boracay and the impact of TRAIN on the economy.

As part of the buildup for the massive Labor Day indignation rally, the union Philippine Airlines Employees Association (PALEA) is holding a motorcade around Ayala Ave. this afternoon while members of PM-Kabataan distribute leaflets appealing for participation in tomorrow’s protest.

Tomorrow, PM is participating in the labor unity rally in Manila and other key cities to slam the President for his broken promise of ending endo. Aside from Manila, PM chapters in Cebu, Bacolod, Davao and General Santos are mobilizing for the nationwide Labor Day commemoration. The group is calling for the government to drop the chacha and focus instead on regular jobs and a living wage.

 “Where are the jobs for the 260,000 OFW’s deployed in Kuwait, the 27,000 registered and unregistered workers displaced in Boracay, the 900 workers laidoff by Coca-Cola due to the TRAIN law, the 600,000 college graduates and thousands more of K-12 graduates,” declared Judy Ann Miranda, PM secretary-general.

The group is alarmed as well with the rising inflation together with worsening unemployment. Economists predict that inflation will hit 4.6% this April. Inflation has steadily climbed every month from just 2.9% last December.

Last week, PM held a protest at the offices of the Department of Trade and Industry (DTI) and the Employers Confederation of the Philippines (ECOP) to highlight its call for decent jobs for young workers and slam rising inflation.

Miranda cited a recently released report by the World Bank about the lack of quality jobs in the country and the worsening inequality as a result.

She added “And if these young and old workers are lucky enough to find a job, will it be regular and pay a living wage? We all know that the reason OFW’s go abroad is because of lack of decent jobs in the Philippines. So why will Kuwaiti OFW’s fly back home when nothing has changed in the jobs situation in the Philippines?”

Miranda insisted that “President Duterte is again making a personal promise, this time of providing jobs for OFW’s. But he has yet to deliver on his campaign promise two years go to end endo the moment he assumes the presidency. Mr. President, not another broken promise.”

April 30, 2018

Thursday, December 26, 2013

If Petilla can offer his head, why can’t Ducut and Ocampo do the same?

Press Statement
December 26, 2013
NAGKAISA!

The news of Department of Energy (DoE) Secretary Jericho Petilla tendering his resignation in the wake of failure to meet his self-imposed deadline in bringing back electricity to areas ravaged by typhoon Yolanda is all over the air.  Whether the President will accept his resignation or not can be part of a ploy. But nevertheless, Petilla had the guts to place his head on the chopping board.

We wonder, however, if other inept officials in the energy family – particularly Energy Regulatory Commission (ERC) Chairperson Zenaida Ducut and Philippine Electricity Market Corporation (PEMC) head Mel Ocampo can do the same.

Petilla who heads the DoE is equally responsible for the government’s failure to stop the P4.15/kWh rate increase imposed by Meralco.  But Ducut and Ocampo who are in the frontline and supposed to be the first persons to detect market failure and protect consumers' welfare stood idle before the coming tsunami of power hikes. They therefore should go.  

Truth is, throughout their tenures, they have consistently failed to discharge their duties of regulating the power industry properly. The latest fiasco is just the culmination of years of ineptitude and incompetence.

As early as 2012, they were aware of scheduled maintenance shutdown and yet they did nothing to prevent the largest market failure in the power sector to date. In the process they unduly enriched Independent Power Producers (IPPs) to the tune of 10 billion pesos for a month’s worth of power outages!

They should go based on the principle of command responsibility. At the least, they allowed the electricity market to be gamed, and at the most, they are a party to the reported collusion among power firms.
                                     
Ducut and Ocampo should be investigated for possible charges of economic sabotage.


It’s also the time for the regime of Electric Power Industry Reform Act (EPIRA) to go.

Friday, May 4, 2012

Groups say ADB harms workers in the Philippines

Press Release
May 4, 2012      

More than a hundred members of Partido ng Manggagawa (PM) and the Philippine Airlines Employees’ Association (PALEA) joined the newly-formed Nagkaisa labor coalition in a rally workers rally against the Asian Development Bank (ADB) annual meeting this morning as President Benigno Aquino II was due to give as speech.

“PNoy should not cover up the number of poor in the Philippines and the ADB should not wash its hands off the worsening poverty in the country. The ADB is an instrument of corporate greed that has aggravated the destitution of the 99% in Asia,” asserted Rene Magtubo, PM national chair. “ADB’s privatization intensifies poverty,” the workers chanted as they assembled in Harrison Plaza and then tried to make their way to the PICC, the venue of the meeting.

Magtubo explained that “The ADB meeting’s theme of inclusive growth is mere doubles-speak for its policies of privatization are tailor-fit to facilitate the fire sale of state-owned assets to giant multinationals and big capitalists. As a result of ADB-funded privatization, the costs of electricity and water in the Philippines have skyrocketed and as a result workers real wages have fallen despite yearly increase in nominal wages.”

The ADB pushed for the passage and provided loans for the implementation of the Electric Power Industry Reform Act (EPIRA). In 2000, Magtubo exposed a P500,000 payola for members of the House of Representatives to ensure the legislation of the controversial EPIRA.

The Nagkaisa-led rally of several hundred workers today follows the coalition’s historic 20,000-strong May Day mobilization which brought together the country’s main labor groups for the first time since the 1980’s. “The unity of labor last May 1 has made government listen to our concerns. The rally today is part of the next step—the struggle of workers to make government grant our demands,” Magtubo insisted. Among the list of demands that Nagkaisa submitted to Malacanang last Labor Day is the repeal of EPIRA and the lowering of power costs to consumers.

Magtubo expressed fear that the ADB also has a hand in the proposed privatization of the Agus-Polangi hydroelectric plant in Mindanao as a purported solution to the power crisis in the island. The proposal has been temporarily shelved due to widespread opposition in Mindanao.

He added that “The ADB’s shadow can also be seen in the scheme to sell off to private interests the provision of water services in municipalities. The ADB is Asia’s mini-IMF and mini-WB, and its public relations pitch is a result of the discrediting of the policies of privatization, deregulation and liberalization worldwide.”

Tuesday, April 24, 2012

Urban poor group condemns violent Paranaque demolition, use of deadly force

Press Release
April 24, 2012
Alyansa ng Maralitang Pilipino

The urban poor group Alyansa ng Maralitang Pilipino (AMP) and the labor party Partido ng Manggagawa (PM) condemned the violent demolition at the Silverio Compound in Paranaque and assailed the use of deadly force by the police. “Heads must roll for the death of one resident from police gunfire and the brutality accompanying the arrest of scores protesters,” said Ramil Cangayao, spokesperson of the AMP. AMP is an alliance of urban poor associations in Metro Manila, Southern Tagalog and Central Luzon.

Meanwhile Renato Magtubo, PM national chair, asserted that “Violent evictions must be prohibited. Land disputes must be resolved through negotiations without the threat of violence, deceit or bribery. Residents must be relocated to better living conditions to ensure that negotiations end peacefully in agreement.”

Cangayao expressed the fear that violence may erupt once more in Paranaque since another demolition has been scheduled on Thursday at the Tucuma community in Barangay Merville. Ramil Asturias, president of the Tucuma Federation, declared that they will defend their community from any attempt at demolition.

The Tucuma residents are planning a rally at the Paranaque city hall tomorrow to appeal for a stop to the scheduled demolition. Tucuma Federation is an affiliate of the AMP.

Magtubo explained that one of the demands of the coming Labor Day rally is a moratorium on demolitions. Some 20,000 workers and urban poor under the umbrella of the newly-formed Nagkaisa will march along Espana to Mendiola to highlight the issues of job contractualization, low wages, high prices of oil and power and violent demolitions, among others. Some 40 labor organizations established the Nagkaisa, among them the Trade Union Congress of the Philippines, Federation of Free Workers, Alliance of Progressive Labor and PM.

Monday, April 23, 2012

Sigaw sa Mayo 1: Regular na Trabaho, Umento sa Sahod, Mababang Presyo

Noong kalagitnaan ng Marso, sa harap ng isang pulong ng mga negosyante ay nanawagan si Pangulong Benigno Aquino III na maging prayoridad ng mga kapitalista ang kagalingan ng mga manggagawa. Tinawag nating “Noy-ngaling” si PNoy dahil kabaliktaran ang kanyang salita ng kanyang gawa. Kung totoong tagapagtanggol ng karapatan at kagalingan ng manggagawa si PNoy ay dapat tinutulan sa halip na sinang-ayunan niya ang tanggalan at kontraktwalisasyon sa Philippine Airlines (PAL). Di lang Noynoying si PNoy kundi Noy-ngaling pa.

Ang darating na Mayo 1 ay ikawalang selebrasyon na ng Araw ng Manggagawa sa ilalim ni PNoy. Noong nakaraang Mayo 1 ay tinuligsa natin siya sa pagpanig sa tanggalan at kontraktwalisasyon sa PAL. Sa kasalukuyan ay dapat nating usigin ang kanyang administrasyon sa patuloy na pagsisinungaling at pagtatraydor sa interes ng manggagawa na pinangakuan niyang ituring na boss.

Ganunpaman, sa harap ng patuloy na pag-iilusyon ng maraming Pilipino sa pamumuno ni PNoy, kasabay ng matalas na propaganda ng pag-usig ay dapat mapakilos ang masang manggagawa sa kagyat na mga kahilingang dapat tugunan ng gobyerno.

Sa Mayo 1, ang ating kagyat na kahilingan ay proteksyon sa regular na trabaho, pagtaas ng sweldo, at pagbaba ng presyo ng kuryente’t langis. Ito ay mga kahilingang nakatuon sa gobyerno ni PNoy upang tugunan at aksyunan. Bukod dito, mangangalampag din tayo sa pagbabago ng patakaran ng liberalisasyon, deregulasyon at pribatisasyon. Gayundin mananawagan tayo ng pagrereporma ng labor justice system.

Ang kampanya para sa regular na trabaho ay napapanatiling buhay ng patuloy na paglaban ng PALEA sa kontraktwalisasyon anim na buwan matapos ang tanggalan. Ang pagbenta ng minority share ng PAL sa San Miguel at pagpapalit ng management ay nagbubukas ng oportunidad para sa resolusyon ng labor dispute.

Pero di pa man nagtatagumpay ang PALEA na maibalik sa trabaho ang mga tinanggal ay naobliga na ang Department of Labor na maglabas ng kautusan kaugnay ng subcontracting. Pinahigpit ang mga rekisitos sa ligal na kontraktwalisasyon at hayagang kinilala na dapat tumanggap ng mga benepisyo ang mga kontraktwal at maari pang magtayo ng unyon. Ganunpaman, pinapanatiling ligal ng DO 18-A ang karamihan ng porma ng kontraktwalisasyon na sanhi ng pagkawasak ng regular na trabaho pati pagkadurog ng mga unyon.

Kumpara sa DO 18-A, hamak na mas mahigpit ang Security of Tenure (SOT) bill na nakasampa sa Kongreso at naglalayong limitahan ang laganap na kontraktwalisasyon. Gayong wala na sa kamay ni PNoy ang kaso ng PALEA, dapat pa rin siyang itulak na gawing priority legislation ang SOT bill.

Umiinit na naman muli ang usapin ng pagtaas ng sahod bunga walang tigil na pagtaas ng presyo ng langis, at kasunod nito ang pasahe’t iba pang batayang pangangailangan. May nagsampa na ng petisyon sa regional wage boards. Sa kabilang banda, nakaamba na ipasa ng House Labor Committee ang panukalang legislated across-the-board wage hike. Malayo pa bago ito maipasang batas pero binibigyang diin nito ang kakagyatan ng umento sa sahod.

Tinanggihan na ni PNoy ang pagtaas ng sahod sa katwirang walang supervening event o grabeng inflation. Ang ganitong Noynoying o kawalang aksyon ni PNoy ay dapat mabatikos habang ineengganyo ang pagkakaisa ng labor groups sa pagsusulong ng pagtaas ng sahod sa anumang porma ito makakamit.

Ang patuloy na pagtaas ng presyo ng langis sa pandaigdigang pamilihan ay mangangahulugan na ibayo pang magliliyab ang usapin ng oil price hike. Pero di ibig sabihin nito na walang magagawa si PNoy kundi mag-Noynoying sa harap ng umaarangkadang global oil prices. Ang pagtatanggal ng VAT sa mga produktong petrolyo ay isang kagyat na hakbang na maaring isagawa. Ang pagrerepaso ng oil deregulation law ay isa na ring buhay na usapin at maaring igiit ang pagbabalik ng price control sa langis bukod sa pagsasabansa ng Petron.

Katulad ng mataas na presyo ng langis, ang mahal na gastusin sa kuryente ay isang ring mabigat na pasanin ng manggagawa at maralita. Ipinagkikibit-balikat lang ng gobyerno ang problemang ito habang tinitiis ng taumbayan ang pasakit na ito. Oras nang repasuhin ang EPIRA o ang deregulasyon at pribatisasyon ng power industry.

Ang deregulasyon at pribatisasyon ng langis at kuryente ay mga matingkad na halimbawa ng delubyong dala ng globalisasyon. Sa kabilang banda, ang liberalisasyon ng ekonomiya ay nagresulta sa pagsasara ng umaabot sa 3,000 empresa bawat taon sa nakalipas na isang dekada at pagkawala ng trabaho ng daan-daang libong manggagawa. Ang hatid ng globalisasyon ay pagguho ng lokal na industriya at agrikultura sa halip na progreso at pag-unlad. Malinaw na ngayon na perwisyo kaysa benepisyo ang dulot ng imperyalistang globalisasyon. Panahon nang ibandila ang panawagan ng pagbabago ng pang-ekonomiyang patakaran.

Kasabay nito dapat maibando ang pagrereporma ng labor justice system. Ang mapait na kapalaran ng flight attendants ng PAL ay nabigyang pokus ng impeachment trial ni Chief Justice Corona. Kapalit ng platinum card ay inimpluwensyahan ni Corona ang pagbawi ng paborableng desisyon sa kaso ng FASAP.

Isang matingkad na halimbawa lang ito kung paano nabibili ng mga kapitalista ang mga husgado at nababaluktot ang hustisya. Kung ang bilyunaryong gaya ni Lucio Tan ay nagagawang impluwensyahan ang Chief Justice ng Korte Suprema, ganundin namamanipula ng mga kapitalista ang arbiters ng NLRC, mediators ng DOLE/NCMB at judges ng mga RTC at Court of Appeals. Di nakakagulat na ang ordinaryong manggagawa ay napipilitang i-areglo ang mga kaso kapalit ng barya kasya mabitag sa mga pasilyo ng labor justice system.

Ang labor unity na nagkahugis sa laban ng PALEA ay maaring punla ng pagkakaisa para isulong ang mga kagyat at pangmatagalang kahilingan. Ang kampanya sa Mayo Uno ay ekstensyon at kontinwasyon ng laban kontra kontraktwalisasyon. Ang malawak na pagkakaisa ng kilusang paggawa ang magbibigay pwersa at magbabasbas ng kredibilidad sa kampanyang Mayo Uno.

Maaga nang nasimulan ang kampanyang Mayo Uno sa pamamagitan ng Kalbaryo ng Manggagawa at Maralita. Pero di dapat magtapos ang kampanya sa isang pagkilos sa Mayo Uno. Ang mga kagyat na kahilingan ay di basta maipapanalo sa Araw ng Manggagawa. At di rin dapat magkasya sa simpleng pagsisigaw ng mga islogan sa Mayo Uno. Ang susunod na yugto at lundo ng laban ay ang pagbubukas ng Kongreso sa Hulyo at SONA ni PNoy. Ang mga kahilingang nangangailangan ng executive action ni PNoy ay maaring ang pokus ng Mayo Uno samantalang ang ibang obligado ang legislative measures ay maari namang tutukan sa SONA.

Friday, September 30, 2011

Labor groups to declare Aquino-Roxas tandem “Enemy of the Working Class” if they continue siding with tycoon Lucio Tan

PRESS RELEASE
30 September 2011

Organized labor would declare the Aquino-Roxas tandem an “Enemy of the Working Class” if the two leaders continue to side with tycoon Lucio Tan in the escalating labor dispute between the management of Philippine Airlines (PAL) and its union, the Philippine Airlines Employees Association (PALEA).

According to the labor group, Partido ng Manggagawa (PM), this is in response to President Aquino and DOTC Secretary Mar Roxas’ threat of filing a case of economic sabotage against PALEA members who participated in Tuesday’s peaceful protest action that led to the cancellation of PAL flights.

“PNoy and Mar, who were both out of the country at the height of the labor dispute and the devastations of typhoon Pedring, came back looking only at the culpabilities of PALEA for that few hour of peaceful action, but not of Lucio Tan who had been battering the rights of PAL workers for more than a decade now,” stated PM chair and co-chair of Church Labor Conference (CLC) Renato Magtubo.

Magtubo said that instead of throwing their weight against the “capitalist wang-wangs”, PNoy and Roxas did not even dare to ask Lucio Tan why PAL significantly reduced its flights even prior to the Tuesday protest and the implementation of outsourcing plan in October 1, and why it shut down the system which effectively locked out the PAL workers beginning 1:30 PM of September 27, 2011.

“Pnoy did not even ask his labor officials who have prior knowledge of what aggravating factors transpired at PAL’s work stations few days before PALEA took defensive actions against the management on Tuesday,” added Magtubo.   

The veteran labor leader said the crime of economic sabotage, he understands, pertains to illegal recruitment, syndicated estafa, and operation of black market, among others, and not for actions related to labor disputes. And if flight cancellations is a form of sabotage, then PAL is guilty of this crime

“We can only think of one explanation why President Aquino and Mar Roxas maintain a hostile attitude towards the workers despite the ligitimacy of their demands.  They both came from the country’s landed and elite capitalist class and who, in their lifetime, have never suffered the harsh conditions of life that confront ordinary laborers,” said Magtubo.

The Partido ng Manggagawa and the Church Labor Conference led today’s solidarity action for PALEA.  Some 300 members of PM-Cavite held a Lakbayan from Zapote Road in Bacoor to the Inflight Center near the gates of Centennial Terminal 2 where PALEA members are camping out.  Contigents from other labor and human rights groups have also joined the solidarity action.

Magtubo explained that the whole labor movement, the Church and human rights groups have all expressed their unequivocal support for PALEA’s struggle against mass layoff and contractualization.  He said the planned outsourcing defied the spirit of the Constitution, violates the Labor Code and ILO Convention’s guarantee on security of tenure, and undermines the PAL-PALEA CBA povision on prohibition of outsourcing.

The outsourcing plan will demote regular workers into contractuals, will cut their wage and benefits into half, and their security of tenure replaced by ‘fire-at-will” policy. 

The labor group said Pnoy ang Mar simply ignored these facts in dealing with the PAL labor dispute.

Thursday, September 29, 2011

PALEA dismisses economic sabotage, illegal strike cases; announces big protest tomorrow

Press Release
September 29, 2011
PALEA

The Philippine Airlines Employees’ Association (PALEA) dismissed threats of an economic sabotage case from the government and an illegal strike suit from the management of Philippine Airlines (PAL). “We are confident that PALEA’s protest against contractualization last Tuesday is within the bounds of the Constitutionally-guaranteed right to seek redress of grievances,” declared Gerry Rivera, PALEA president and vice chair of Partido ng Manggagawa (PM).

PALEA also announced that they will hold a big protest at the airport tomorrow which is the last day of work for 2,600 PAL employees affected by the outsourcing plan. The union has already set up a protest camp outside the PAL In-Flight Center along
MIA Road
near Terminal 2 where several hundred PALEA members are staying at any one time. “We call on PALEA members to report for duty at the protest camp since PAL has locked us out of our workplace at Terminal 2 and other offices,” Rivera proclaimed.

Meanwhile the protest against outsourcing is escalating as PAL employees in outlying stations gear up to hold their own protests. Tomorrow PALEA and other labor groups are scheduled to hold rallies in Davao at the international airport and in Bacolod at the old airport. On October 1, a similar broad coalition of labor groups including PALEA will stage a Lakbayan from Cebu City to the Mactan International Airport at Lapu-Lapu City.

Rivera asserted that “We consider these threats as mere scare tactics that will not weaken the defiance of PALEA against the layoff and contractualization scheme of PAL. PAL employees are not stupid. We know the law.”

He explained that the penal provisions of Republic Act No. 9497 or the Civil Aviation Authority of the Philippines Act of 2008 refers to the disruption of airport services and damage to airport facilities, and does not pertain to stoppage of airline operations. “The airport itself and an airline company are two different entities. If R.A. 9497 prohibits protests and strikes at a private airline such as PAL then it contradicts the provisions of the Labor Code on the right to strike. But it does not. PAL employees are private sector workers that are expressly allowed by law to hold concerted actions and even go on strike,” Rivera contended.

However he reiterated that PALEA merely held a protest and did not hold a strike. “Goodluck to PAL if it can argue its illegal strike case. But we know it is just a threat intended to frighten PAL employees, similar to its repeated warning of administrative cases against protesting workers,” Rivera claimed.

He added that “Whoever advised PNoy on the economic sabotage case should be outsourced. The facts are clear that it was PAL which shutdown the company’s computer systems and other communication facilities immediately after the start of the protest, and then cancelled the flights that stranded passengers.”

Tuesday, September 27, 2011

Chronology of the PAL-PALEA Dispute

The Start of the Dispute over Outsourcing
On August 26, 2009, in a LMCC meeting between the management and the union, PAL announced its intention to spin-off/outsource the following departments: Information Technology, Human Resources, Benefits, Legal, Medical, Airport Services, Catering, Reservations, Ticket Offices, and Revenue Accounting etc. It cited losses incurred by the company. In that meeting, the old leadership of the PALEA requested that the plan be kept a secret to managers and union members.
PAL President Jaime Bautista formalized its communication to the union on September 9, 2009 by way of a letter stating therein the intention of the management to spin-off/outsource the Airport Services Department and Catering Department. The same was to become effective on November 15, 2009.
On September 10 and 11, 2009, the previous PALEA leadership reminded PAL management that the one year extension of CBA suspension is due to expire. The union thus formally notified the company of its intention to re-negotiate the remaining four years of the collective bargaining agreement (2009-2013). During the LMCC meetings that ensued, PALEA stressed that the CBA negotiation is the most appropriate venue to thresh out unresolved issues on the planned outsourcing.
Due to the divergent positions of the parties, the union filed on September 22, 2009 with the National Conciliation and Mediation Board (NCMB) a Notice of Preventive Mediation citing union busting as the sole and principal issue which was docketed as NCMB-NCR-PM-09-126-09. Several conciliation meetings were held between September 25, 2009 and October 5, 2009. The parties did not reach any agreement on the issue of outsourcing.
Meanwhile, in September 2009, PAL offered an Early Retirement Program to its managers and administrative personnel. The same program was made optional and voluntary to the rank-and-file employees.
Without significant progress in the conciliation conferences, on January 28, 2010, PALEA withdrew the Notice of Preventive Mediation and filed a Notice of Strike on the ground of union busting, particularly: (1) Intended mass lay-off of union members and officers by April 2010; (2) Illegal outsourcing of regular positions; (3) Direct negotiations with union members for them to avail of the ERP with promise of re-employment; (4) Unresolved issues during preventive mediation/LMCC; (5) Non-compliance with payscale, item II of the wage distortion case; and (6) Others.
New Officers Lead the Fight
Meantime, from February 17 to 25, 2010, a local union election was held. The new set of officers assumed their official functions on March 29, 2010. The new PALEA leadership had not yet warmed up to their responsibilities when on April 16, 2010, the PAL President issued a letter informing the union of the complete closure of several departments of the company and abolition of all affected regular positions by May 31, 2010.
PAL management announced that 2,604 regular employees were sent notices of termination through registered mail. The new leadership initiated successive protest actions on April 19 and 23, 2010.
On the day of the last protest action, then DOLE Secretary Marianito Roque issued an Assumption of Jurisdiction Order (AJ) which was received by the union on April 26, 2010 and by the management on April 27, 2010. The management, on April 26 and 27, 2010 issued the Notices of Termination.
Mediation/conciliation hearings were held on April 30, 2010 and May 7, 2010. Then Usec. Rosalinda Baldoz chaired the hearings. In the last hearing, the parties agreed that the AJ issued by the DOLE suspended the effects of the Notice of Termination. The parties submitted their respective position papers, replies, rejoinders and motions on May 17, May 27 and June 7, 2010.
Lagman’s Midnight Decision
After eight calendar days from the submission of the Rejoinder on June 15, 2010, and despite the pendency of the Motion for the Production of Documents filed by the union, the Acting Secretary of Labor Romeo Lagman rendered a decision adverse to PALEA. The dispositive portion of the decision reads:
“WHEREFORE, premises considered, this Office holds that the intended closure of the Philippine Airlines In-Flight Catering operations, Airport Services Operations and Call Center Reservations Operations and the consequent severance from employment of all affected employees as reported to the DOLE Regional Offices, as well as the contracting out of the these operations to the named service providers, are based on lawful ground and all in a valid exercise of managerial prerogative and as such valid and lawful in all respects.”
PALEA condemned the decision of the Acting Secretary as a midnight decision. On June 22, 2010, around 300 members of PALEA conducted a two-hour protest rally in front of the DOLE office in Intramuros.
PALEA Challenges PNoy on the Dispute
The next day around 600 PALEA members trooped to the residence of then President-elect Benigno Aquino at Times St., Quezon City. A letter accompanied by the case documents were delivered and received by the staff of the President. Among other things, PALEA appealed for the following:
1.      Presidential intervention in the PAL-PALEA dispute
2.      Cleansing of corrupt officials in the Department of Labor and Employment
3.      Reform of the policy regarding contractual employment.
PALEA filed its Motion for Reconsideration to Lagman’s decision on June 28, 2010. The filing was accompanied by a protest action that was attended by more or less 300 union members. PALEA argued that the retrenchment of almost 3,000 regular rank-and-file employees who are union members, including union officers, is invalid and constitutive of Unfair Labor Practice because:
1.                  It violates the law and the parties’ CBA
a.                  The termination of the regular employees is not necessitated by the company’s financial situation.
b.                  PAL violated the CBA provision against Labor Contracting.
c.                  PAL violated the CBA provision on Job Security.
2.                  It violates Article 248 of the Labor Code, and Department Order No. 18-02. Despite PAL’s insistence, what it planned to do was not a “spin-off” but an “outsourcing” which is equivalent to contracting-out of services.
PALEA maintained that the real intention of PAL in pursuing its planned mass lay-off is to contractualize the regular positions now existing in the company with the ultimate motive of busting the union.
Meantime, the union embarked on a lobbying campaign. Institutions such as the clergy, academe and Congress were involved. International alliances like the International Transports Workers Federation (ITF) were also tapped in the campaign.
As a result of the lobbying, a privilege speech was delivered by TUCP Party-list Representative Raymond Mendoza on August 9, 2010. The next day, PALEA was invited to a mini hearing by the House Committee on Labor.
On August 20, 2010, a conciliation conference was called by the new DOLE Sec. Rosalinda Baldoz. In said hearing, the management manifested that “it shall await the resolution of the Motion for Reconsideration” filed by the Union. PALEA, on the other hand, manifested that it prefers that conciliation meetings be held further. The Union, however, manifested that management should first scrap its plan to terminate employees.
By September 2, PALEA, through the its legal counsels, received the documents previously demanded, by way of Motion to Produce Documents, but completely denied by then Sec. Romeo Lagman. These were PAL’s financial statement for 2009-10, the contracts signed by the Company with Sky Kitchen and ePLDT Ventus, which were two of the service providers. However the contract between PAL and Sky Logistics, the service provider of the ground handling was not presented by PAL.
PALEA submitted its comments to the above-mentioned documents on September 14, 2010. Notably, the financial statement provided by the Company showed that PAL is no longer on the red. It had financially recovered and in fact already registered an income.
The union thus petitioned the Labor Secretary to reverse the decision of former Acting Secretary Lagman and issue a new decision:
1.      Declaring the intended retrenchment/closure of the various department of PAL as illegal;
2.      Declaring PAL guilty of unfair labor practice.
Baldoz’ Halloween Massacre
Labor Secretary Baldoz rendered her decision affirming the earlier decision on October 29, 2010 but an official copy was only received by the PALEA legal counsels on November 2, 2010.
The Notice of Order reads, in part:
          Wherefore, the Motion for Reconsideration filed by PALEA is hereby DENIED and the Decision of the Acting Secretary of Labor and Employment dated 15 June 2010 is hereby AFFIRMED, with MODIFICATION that the following components of the Transition Benefits Package shall be given to all affected employees:
a)     All employees affected by outsourcing of In-Flight Catering, Airport Services, and Call Center Reservations Operations shall be absorbed by the respective service providers and PAL shall be bound and held liable by way of guarantee in favor of all affected employees, for payment for one year, of whatever salary is granted respectively by the service providers upon their admission to employment with said service providers;
b)     Increase in separation pay in the amount of 1.25% per year of service;
c)      Additional gratuity of fifty thousand pesos (P50,000.00) per affected employee;
d)     Vacation Leave balance that is 100% commutable to cash regardless of years of service;
e)     Sick Leave balance that is 100% commutable to cash regardless of years of service;
f)       Trip pass benefits in accordance with Article XX of the CBA and the PAL Personnel Policies and Procedures Manual, graduated under the following terms:
15 years in service and more                             Lifetime
10-15 years                                                    8 sets
5-10 years                                                     5 sets
Less than 5 years                                            2 sets
g)     Extension of one (1) year of the medical and hospitalization package based on Articles XIII to XV of the CBA and consistent with the (1) year period that PAL guarantees payment of the affected workers’ salaries, as provided in item (a).

PALEA and its allied labor organization condemned the Labor Secretary’s ruling as “Halloween massacre.” They held a symbolic protest at the DOLE by laying makeshift crosses and coffins.

A few days after the Notice of Order was issued, PAL managers started convincing union members to adhere to the decision. Thus, PALEA filed a Notice of Strike (NOS) with the DOLE based on the following grounds of unfair labor practices:
1.      Individual bargaining with union members tantamount to interference with, restraint, and coercion of employees in their exercise of their rights to self-organization;
2.      Mass termination of Union officers amounting to Union Busting.
As an offshoot of the Notice of Strike filed by the Union, series of conciliation conferences were held under the auspices of the DOLE.
Meanwhile on November 8, 2010, a broad-labor press conference was attended by big labor organizations expressing support to the cause of PALEA. A congressional inquiry ensued on November 10, 2010. The issues were focused on the validity of the termination of 2,600 employees on the basis of management prerogative to outsource.
Presidential Intervention
On November 12, 2010, PALEA filed a Petition for Presidential Intervention in the labor row. The petition was based on the power of the President (1) to intervene and assume direct jurisdiction over any labor dispute involving industries that, in his opinion, are indispensable to the national interest; and (2) to determine such industries.
In the petition, PALEA raised the issue that “the Secretary of Labor and Employment” committed grave error in her findings of facts and in the application of law and jurisprudence in denying the motion for reconsideration of PALEA.
The union thus asked:
“Wherefore, it is respectfully prayed that the Honorable Office of the President directly intervene and assume jurisdiction over the labor dispute in Philippine Airlines, Inc. relating to the mass termination of more than 2,600 regular employees, and issue an Order:
1.                  Directing PAL to stop from prematurely implementing the 29 October 2010 Order of the Secretary of Labor and Employment, and from committing other acts that will exacerbate the dispute;
2.                  Reversing the 29 October 2010 Order of the Secretary of Labor and Employment; and
3.                  Declaring PAL guilty of unfair labor practice for the implementation of the mass termination of more than 2,600 regular employees.
4.                  Other just and equitable reliefs are likewise prayed for.”
Subsequently, on November 15, 2010, the Union and the legal counsels had a meeting with the Executive Secretary (ES) of the President. The meeting was exploratory in nature. The Secretary floated possible settlements between the parties. PALEA , however, stood firm on its position that the outsourcing has no legal basis.
In unity with the cause of PALEA, big labor groups staged a National Day of Action for the Protection of Regular Jobs and against Contractual Employment on November 25, 2010 at the country’s premier business
District of Ayala Ave., Makati
City.
In the intermediate period, PAL management continued to convince members to avail of the decision of the DOLE in relation to outsourcing. A strike vote was conducted on December 7, 2010. A solid 86% of the votes cast affirmed the holding of the strike.
Before the result of the strike vote could be reported to the DOLE, the Office of the President issued an AJ mandating management and the union to desist from undertaking any action that may aggravate the situation. Thereby, the decision of the DOLE dated June 15, 2010 and October 29, 2010 were ordered put on hold.
The Fight over a New CBA
On February 3, 2011, as ordered by the Office of the President, PAL and PALEA appeared in a conciliation meeting mediated by Sec. Ronald Llamas, ASec. Rolando Geron and ASec. Jose Amorado. In said meeting, PAL admitted for the first time that the financial condition of the Company is not the main reason but just one of the reasons for the outsourcing program. The management also raised the issue of “a global trend in the airline industry” and that the program is within the scope of their “management prerogative.”
On the other hand, PALEA interposed that the issues may be discussed in the collective bargaining negotiations. In the meeting PALEA argued that the CBA has not been renegotiated for almost thirteen (13) years, and that PALEA already submitted its CBA proposal way back on October 8, 2010.
It also mentioned that last January 27, 2011, after the LMCC meeting between the management and the union, no less than the PAL President and COO, advised the union officers for PAL and PALEA to start the CBA negotiations. Accordingly, on January 31, 2011, PALEA President, wrote the management and furnished therein the union’s negotiation panel. A follow-up letter was sent to the management on February 4, 2011. However, there was no reply from the management.
In that conciliation conference, the PAL President informed those present that the company will negotiate the CBA only after the outsourcing program has been implemented. The union opposed and asserted that the CBA negotiations should immediately commence.
Also, in the said conciliation meeting, the management agreed and promised to furnish the Office of the President and the Union, PAL’s unaudited quarterly financial report for the 1st and 2nd quarters of fiscal year 2010-2011. On February 14, 2011, PALEA’s legal counsels received the copy of the financial reports.
The report revealed that PAL posted a comprehensive income of US$31.6M for the 1st quarter and US$28.2M for the 2nd quarter. Sometime in June 2010, PAL was also able to pay it maturing financial obligation to its creditors in the amount of USD$46.5M. Later PAL reported a comprehensive income of US$15.1M in the 3rd quarter of the current fiscal year ending March 2011.
Last February 17, 2011, PALEA received a letter dated February 16, 2011 from the PAL President which reads in part: ”Considering the pendency of the case relative to the spin-off/outsourcing of the Inflight Catering Services operations, Airport Services (i.e. ground handling, cargo terminal/cargo handling and ramp handling) and Call Center Reservations, before the Office of the President, we are constrained to temporarily hold in abeyance the commencement of the new PAL-PALEA CBA negotiations.”
Second Strike Vote on Refusal to Bargain
PALEA saw this as management’s refusal to bargain and a violation of the law. Thus on March 7, 2011, the union filed a Notice of Strike at the NCMB for unfair labor practice due to the management’s refusal to bargain.
On the same day, a notice of conference was received by the PALEA from the NCMB setting the conciliation meeting on March 9, 2011. In that conciliation conference, PAL management was adamant on its position that the CBA negotiation is held in abeyance pending the resolution of the issue of outsourcing in the Office of the President. For its part, PALEA maintained that the issues involved in the Notice of Strike is a totally separate and distinct issue from the issues now pending at the OP. Collective bargaining negotiations is a guaranteed right of the workers by the Constitution and an obligation on the part of the management. There is, thus, a clear proof that of management refusing to bargain, PALEA insisted.
Another marathon conciliation conference was held on March 14, 2011 in the NCMB lasting almost five hours. In the conference, management manifested its willingness to continue the CBA negotiation process and to submit its counter-proposal within (2) weeks.
On the other hand, PALEA clarified that it does not agree that the outsourcing issue should not be subject to CBA and the proposed that the CBA contain provisions on spin-off/outsourcing which are central to the resolution of the outsourcing case currently pending. Further, the union manifested that until such time that the management submits its counter-proposal, the issue is not resolved. The CBA negotiation can proceed independently without any pre-conditions.
On March 25, 2011 another conciliation conference was held. On the same date, PALEA submitted to the DOLE the results of the second strike vote. A 96% majority voted for a strike that may commence on April 1.
Strike Stopped by Another AJ
However, on this very same date, the OP thru Executive Secretary Paquito Ochoa, issued an order in relation to the Petition for Presidential Intervention filed by the Union. It affirmed in toto the decision of the DOLE with the modification that the gratuity pay was increased from Php50,000 to Php100,000. Said order was leaked to the media on very same date prior to the official receipt of the Union. PAL also came up with press releases welcoming and commending the President
As promised, PALEA received the copy of the CBA counter-proposal of the PAL management on March 28, 2011. The cover letter stated, “It is understood that the counter-proposal shall cover only those rank and file employees within the bargaining unit to be left behind after the spin-off/outsource of the three (3) above-mentioned departments (referring to ASD, Catering and Reservations).”
Marathon conciliation meetings were called by the DOLE from March 29 to April 1, 2011. On the last day, the parties ended the meeting past 5:00pm without any specific agreement. The parameters outlined by the DOLE through Usec. Hans Cacdac for the CBA negotiations hinged on the “good faith of the parties and that the present leadership and the collective bargaining unit of the Union should be recognized by the PAL management.”
On the night of April 1, 2011, PALEA staged a prayer rally attended by a various labor organizations. Some 2,000 PALEA members also participated. After the rally, when the officers were on caucus to assess the impact of the activities, an AJ was endorsed by a union staff purportedly left behind by a DOLE staff on that same night.
The Notice of Order dated April 1, 2011 reads, in part:
“This Office hereby CERTIFIES the labor dispute between PAL and PALEA to the National Labor Relations Commission for immediate Compulsory Arbitration. Accordingly, any intended strike or lockout or any form of concerted action is hereby automatically enjoined.”
The very next day PALEA announced to the public through the mass media that, left without any alternative and its rights violated by no less the government, it plans to test the law and if it is necessary, the AJ order will be defied.
Dispute over Temporary Outsourcing Scheme
PALEA did not boycott the proceeding before the National Labor Relations Commission and attended the hearings. As the NLRC heard the case, a new dispute arose over management’s attempts to implement a temporary or partial outsourcing.
Last May 30, PAL informed PALEA of an acute manpower shortage for passenger handling due to the exodus of customer service agents who have sought greener pastures abroad and asked for the union’s cooperation in allowing Lucio Tan-owned service provider MacroAsia to work the departure gates for a period of six months.
PALEA rejected outright the proposal and suggested instead that the vacant positions be filled up by direct hiring instead of outsourcing to a service provider. PALEA even offered to help in rehiring former PAL employees and recalling trainees who were not hired due to a freeze hiring program. Discussions between PAL and PALEA on these stop gap measures proceeded and last June 9 the union submitted a partial list of people interested in the position of customer service agents.
PALEA considers the temporary outsourcing of regular jobs to MacroAsia as a backdoor implementation of the controversial contractualization plan and a violation of the April 1 order of the Labor Secretary enjoining management and the union from engaging in any act that will exacerbate the labor dispute at PAL. On June 13, PALEA held a motorcade to protest PAL’s plan to hire on June 16 contractual workers from Lucio Tan-owned service provider MacroAsia.
The issue did not result to serious dispute as PAL acceded to PALEA’s demand and directly hired people from MacroAsia as employees of the flag carrier.
OP Denies PALEA MR
With Philippine Airlines (PAL) reporting a net yearly income of USD 72.5 million, PALEA once more petitioned the government to stop the outsourcing plan of management and order it to begin negotiations for a collective bargaining agreement (CBA). This was contained in manifestations by PALEA to the Office of the President (OP) and the National Labor Relations Commission (NLRC) filed on August 3, 2011. Aside from PAL’s big income, PALEA also cited in its manifestation the 14% increase in total current asset, decrease in the company’s total liabilities, 176% increase in equity among its shareholders, and even the growth of the flag carrier’s fleet to 51 aircraft.
But just a week after the manifestation, the OP released its decision on PALEA’s motion for reconsideration. In a decision dated August 11, the Office of the President (OP) denied the motion for reconsideration of the Philippine Airlines Employees Association (PALEA) and affirmed its earlier ruling allowing Philippine Airlines to lay off 2,600 employees and make them contractual workers in third-party service providers.
PALEA slammed the ruling as “PNoy’s fire-all-you-can policy” and “a second-rate trying-hard copycat of American industrial relations where giant money-making corporations can layoff at will” The union asserted that the decision overturned the provisions of the Labor Code and jurisprudence of the Courts that serious financial losses are a necessary ground for retrenchment.
PAL management invited PALEA to a dialogue on the implementation of the outsourcing plan but the latter rejected the overture. PALEA declared that it is willing to discuss measures for PAL’s growth that will not involve retrenchment. It once more offered to PAL that the outsourcing plan be subject to collective bargaining negotiations instead of being unilaterally imposed on employees.
As of the moment PAL management has announced that it will hold town hall meetings to inform employees about the mechanics of the outsourcing including the application process to the service providers. PALEA meanwhile has started protests actions such as wearing black ribbons at work and mass actions in the streets to drum up support.
The union has declared that it will act accordingly should management prematurely implement the outsourcing plan. PALEA asserts that OP ruling is yet executory pending final judicial resolution of the case.