PAL workers to join SONA march to ask P-Noy to defend regular jobs

PRESS RELEASE

25 July 2010

Rank and file workers of Philippine Airlines are joining labor groups’ SONA march tomorrow to ask President Benigno “Noynoy” Aquino III to save their jobs and put an end to the labor contractualization policy. 

Some 500 members of Philippine Airlines Employees Association (PALEA) will join the Partido ng Manggagawa (PM) contingent along the Tandang Sora and Commonwealth Avenues around 10:00 am tomorrow before marching with the multisectoral groups Freedom from Debt Coalition (FDC) and the Kampanya para sa Makataong Pamunuhay (KAMP) towards the Batasan Complex.  

PALEA members have prepared a replica of a PAL plane where they wrote a message for P-Noy asking the President to stop the planned layoff of some 2,600 PAL employees.  The PALEANs have been demanding in particular that a ‘midnignt decision’ issued by DOLE on June 15, 2010 be reversed.   

PALEA President Gerry Rivera, said the Order is in gross violation of the Labor Code and their existing collective bargaining agreement against labor contracting.

“The DOLE decision, if sustained by the present administration, will make labor contracting in the form of spin-off legal and therefore the contractualization of regular jobs.  Hindi po ito matuwid na landas, Pangulong Noy,” stated Rivera.

Rivera, who is also Partido ng Manggagawa vice chair, warned further that once sustained labor contractualization will be abused to the max, job security will be dead, and all benefits due to regular workers will disappear.

The June 15 decision held that, “the intended closure of the Philippine Airlines In-Flight Catering operations, Airport Services Operations and Call Center Reservation 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 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.”

The Partido ng Manggagawa meanwhile challenged the new administration to formulate a “labor-first policy” if it wants to depart from age-old cheap labor policy and the foreign investment-led job creation strategy.

“Walang boss na busabos (there is no such thing as a “deprived boss”),” concludes Magtubo, taking from P-Noy’s “kayo ang boss ko” declaration in his June 30 inaugural speech.

PAL workers hold pre-SONA protest

Press Release
July 21, 2010

Some 300 members of the Philippine Airlines Employees’ Association (PALEA) held a pre-SONA rally this morning at the Department of Labor and Employment (DOLE). The PAL workers called on the new Secretary of Labor and Employment, Rosalinda Baldoz, to overturn the “midnight decision” by then Acting Labor Secretary Romeo Lagman that found the illegal contracting out of jobs planned by Philippine Airlines to be “a valid exercise of management prerogative.”

“Lagman’s midnight decision was erroneous on both substantive and procedural grounds. Now that the ball is in her court, we call on Sec. Baldoz to exercise due process and right judgment in reversing the former Acting Secretary’s midnight decision,” stated Gerry Rivera, PALEA president and Partido ng Manggagawa (PM) vice-chairperson.

The rally today was the first of several activities planned by PALEA and PM as buildup to the SONA on Monday. Renato Magtubo, PM chairperson, explained that “We are asking President Aquino to make concrete his promise that democracy should work for all by certifying a set of pro-labor reform bills as urgent in his SONA. Among these should be reforms to enhance job security and stop the proliferation of contractualization schemes.”

The PAL employees started the pre-SONA protest with a motorcade from the PALEA office in Tambo, Paranaque City. A delegation of supporters from PM joined the rally at DOLE.

PALEA filed a motion for reconsideration of the Lagman order and also petitioned President Noynoy Aquino for the new government to review the midnight decision. Among the 22-point “marching orders” given by President Aquino to Sec. Baldoz in the first cabinet meeting last June 30 was to re-evaluate the midnight decision given the importance of the dispute as a “litmus test” of the new government’s handling of labor-management relations.

Meanwhile the International Transport Workers Federation (ITF), of which PALEA is an affiliate, sent a letter of concern to President Aquino regarding the labor dispute at PAL. In a letter dated July 16 and sent by email, ITF General Secretary David Cockroft urged the government to “act swiftly and decisively to facilitate an acceptable resolution to the intervene the PAL-PALEA row.”

The ITF letter further argued that “The dispute has arisen due to the apparent intention of the PAL management to implement mass dismissals and to contract out jobs being performed by regular employees. The ITF understands that these actions would be in breach of provisions against labor contracting and on job security contained within the company’s collective bargaining agreement. Apart from the huge social impact that such actions would have on the workers and their families, this move by the PAL management is also perceived as a union-busting measure given the fact that these employees are all PALEA members and include the union’s officers.”

The ITF represents more than 4.6 million transport workers in 759 unions across 155 countries, including 269 aviation unions with some 650,000 members.

Labor groups to engage Aquino government on contractualization demand

Press Release
July 10, 2010

A gathering of some 100 labor leaders and trade unionists yesterday afternoon resolved to engage the government of President Noynoy Aquino in the demand to defend job security and stop the proliferation of contractualization schemes. The labor forum was sparked by the ongoing labor dispute at the Philippines Airlines in which the PAL Employees’ Association (PALEA) is fighting management’s alleged illegal contracting out of regular work.

Gerry Rivera, PALEA president, said that “We welcome the solidarity of the different labor groups in our fight against contractualization at PAL. We pledge too to support the common call of reforming the policy on contractualization.” The groups which attended the forum plan to mobilize for the coming State of the Nation Address to highlight the demand against labor contractualization.

Rivera added that “We appreciate P-Noy’s order for the Department of Labor and Employment (DOLE) to review and evaluate the midnight decision on the PAL dispute. The PAL dispute will not only be a litmus test of the Aquino government’s handling of labor management relations. It will also be an acid test of the task of cleansing the DOLE of corrupt officials and reforming the policy on labor contractualization.”

Renato Magtubo, chairperson of Partido ng Manggagawa (PM), explained that “The epidemic of contractualization is a result of failure in both policy and enforcement. There are glaring loopholes in the law that have been abused by employers to wipe out regular jobs and replace them with contractual workers that have less in wages and benefits and enjoy no security of tenure. Management is allowed by law to contract out jobs that are necessary and desirable to the business of the company. This has been interpreted to mean that practically all jobs can be outsourced, not just janitorial or security services. Thus you find factories and malls in which contractual workers outnumber regular workers several times over while all do the same job.”

Magtubo argued that “We are challenging P-Noy to make concrete his promise that democracy should work for all by certifying a set of pro-labor reform bills as urgent in his SONA. We welcome the 22-point labor platform of the Aquino administration as announced by Labor Secretary Rosalinda Baldoz. The 22-point platform is a good first step and militant workers are open to engaging with new President and the new Labor Secretary to make the promise of reform a reality.”

The labor forum was hosted by the Manggagawa sa Komunikasyon ng Pilipinas (MKP), the union of PLDT rank-and-file workers, at their office in Crossing, Mandaluyong. Aside from PALEA and MKP, other groups such as the PM, Makabayan, Alliance of Progressive Labor, United Filipino Service Workers, Alliance of Genuine Labor Organizations, United Cavite Workers Association, Samahan ng Manggagawa sa Paranaque, Samahan ng Manggagawa sa Antipolo and the former union of PNCC employees the joined the forum.

PAL union rallies anew at DOLE, appeals “midnight decision”

Press Release
June 28, 2010

The Philippine Airlines Employees’ Association (PALEA) held another rally this afternoon at the Department of Labor and Employment (DOLE) in protest at the decision of Acting Labor Secretary Romeo Lagman that declared the planned PAL mass layoff to be a “valid exercise of management prerogative.” PALEA also filed a motion for reconsideration of the Lagman order in time for the deadline today.

Gerry Rivera, PALEA president and Partido ng Manggagawa (PM) vice-chairperson, insisted that “There are strong grounds to seek the reversal of Lagman’s decision.” PALEA assails the order as a “midnight decision that is erroneous on both substantive and procedural grounds.”

Some 500 PAL employees trooped to the DOLE around 3:30 pm today together with scores of supporters from PM. The protesters lambasted corruption at the DOLE as they carried placards that read “Kung walang corrupt sa DOLE, Walang manggagawang maghihirap.”

This is the second rally at the DOLE to protest the midnight decision. Last June 22, some 300 PALEA members held the first protest. Then on June 23 a delegation of PAL employees went to the Times St., QC residence of President-elect Aquino to deliver a petition asking him to intervene in the PAL dispute, cleanse the DOLE of corrupt officials and reform the policy regarding contractualization.

Rivera explained that “Contrary to the finding of Lagman, there is no spin-off of company departments in this case. No subsidiary corporation was formed by PAL and not one of its divisions was transformed into an independent company. What is involved here is outsourcing of functions wherein regular rank-and-file employees and union members will be terminated and the functions that they are performing will be farmed out to service providers.”

“Worse, the terminated regular employees themselves are envisioned to be the employees of the service providers. Upon their termination, they will just be transferred to a different employer but will be performing the same tasks that they had been performing as regular employees of PAL,” he added.

Rivera argued that “Further, contracting out, whether labor-only contracting or legitimate job contracting, is absolutely prohibited by the PAL-PALAEA collective bargaining agreement.”

“Finally there are no sufficient bases for retrenchment. Retrenchment is a measure of last resort which should only be undertaken in case of serious and imminent losses. A close review of the financial statements and disclosures of PAL reveals that its business condition is improving and not deteriorating, thereby negating the necessity for retrenchment,” Rivera said.

PAL union ask Noynoy for intervention in dispute

Press Release
June 23, 2010

Some 500 members of the Philippine Airlines Employees’ Association (PALEA) trooped to the Times St. residence of President-elect Noynoy Aquino this morning and submitted a letter asking him to intervene in the brewing labor dispute at Philippine Airlines. The PAL employees rode in motorcycles and vehicles that were festooned with yellow ribbons.

“The PAL workers’ petition is in pursuit of Noynoy’s campaign platform of good governance and the people’s hope for social reform,” asserted Gerry Rivera, PALEA president and Partido ng Manggagawa (PM) vice-chairperson.

In the letter addressed to President-elect Aquino, the PAL union asked him three things: presidential intervention in the PAL-PALEA dispute, cleansing of corrupt officials in the Department of Labor and Employment, and reform of the policy regarding contractualization.

In a decision dated June 15, 2010, Acting Labor Secretary Romeo Lagman found the planned mass layoff of some 3,000 Philippine Airlines (PAL) employees to be a “valid exercise of management prerogative.” PALEA argues that the order is a “midnight decision that is faulty on both substantive and procedural grounds.”

“We insist that the incoming Labor Secretary be given the right to study and decide on the labor dispute according to procedure and on a just basis. We believe that the PAL-PALEA dispute deserves Noynoy’s intervention given that it is imbued with national interest. More than half of the PAL workforce will be retrenched and the airline industry in no doubt of strategic value to the economy,” stated Rivera.

The PALEA petition submitted to President-elect Noynoy included endorsements from labor groups such as PM, Alliance of Progressive Labor, the unions at PLDT and Fortune Tobacco and from scores of leaders of various people’s organizations, including former General Danny Lim.

In the PALEA letter, the union contends that “Acting Sec. Lagman’s order was released with indecent haste given that the case has not been submitted for resolution and mediation proceedings are still ongoing. Moreover the decision failed to consider the PAL-PALEA collective bargaining agreement’s provision prohibiting the outsourcing of jobs that are being performed by regular employees.”

Yesterday hundreds of PALEA members held a motorcade from its office in Tambo, Paranaque and a rally at the Department of Labor and Employment office in Intramuros to protest the order. In the rally Rivera announced that PALEA will file a motion for reconsideration and “exhaust all the means provided by law to protect the job security of PAL employees.”

PAL union rally at DOLE vs. “midnight decision”

Press Release
June 22, 2010

The Philippine Airlines Employees’ Association (PALEA) held a protest action this morning at the Department of Labor and Employment (DOLE) to coincide with the filing of a motion for reconsideration against the decision penned by Acting Labor Secretary Romeo Lagman that found the planned PAL mass layoff to be a “valid exercise of management prerogative.” PALEA lambasted the order as a “midnight decision that is faulty on both substantive and procedural grounds.”

More than 500 PAL employees participated in the protest that started as a motorcade from the PALEA office in Tambo, Paranaque City. A delegation of supporters from the Partido ng Manggagawa (PM), PLDT union, Fortune Tobacco union and Alliance of Progressive Labor joined the rally at DOLE.

PALEA also demanded that the new Labor Secretary to be appointed by President-elect Noynoy Aquino be allowed to decide on the dispute. Tomorrow a delegation of PALEA leaders will troop to the Times St., QC residence of President-elect Aquino to deliver a petition. PALEA will ask President-elect Aquino to intervene in the PAL dispute, cleanse the DOLE of corrupt officials and reform the policy regarding contractualization.

“The worst of crimes are indeed committed in the darkness of midnight. Lagman’s order is a midnight decision that was released with indecent haste given that the case has not been submitted for resolution and mediation proceedings are still ongoing. We insist that the incoming Labor Secretary be given the right to study and decide on the PAL-PALEA dispute according to procedure and on a just basis,” argued Gerry Rivera, PALEA president and PM vice-chairperson.

Rivera added that “Lagman’s June 15 order is faulty on both substantial and procedural grounds. It failed to consider the PAL-PALEA collective bargaining agreement’s provision prohibiting the outsourcing of jobs that are being performed by regular employees. Further the order came only four working days after PALEA filed a motion for the production of certain documents such as PAL’s latest financial statement and its outsourcing contracts with service providers. No action has yet been taken on the motion.”

PM chairperson Renato Magtubo slammed the decision for legitimizing mass contractualization and revealing the anti-labor legacy of the outgoing Gloria Arroyo government. Magtubo added that “This is the ugly face of contractualization in PAL. Regular PAL employees will become contractual workers in service providers who will be performing exactly the same job for less wages, fewer benefits and no security of tenure. It has happened before when PAL’s maintenance and engineering department was spunoff to Lufthansa Technik and MacroAsia, shell companies whose real owner is still Lucio Tan.”

PAL union to rally vs. DOLE’s “midnight decision”

Press Release
June 21, 2010

The Philippine Airlines Employees’ Association (PALEA) will hold a rally tomorrow at the Department of Labor and Employment (DOLE) to coincide with the filing of a motion for reconsideration against the decision penned by Acting Labor Secretary Romeo Lagman that found the planned PAL mass layoff to be a “valid exercise of management prerogative.” PALEA insists that the order is a “midnight decision that is faulty on both substantive and procedural grounds.”

PALEA demands that the new Labor Secretary to be appointed by President-elect Noynoy Aquino be allowed to decide on the dispute. More than 500 PAL employees will participate in the protest that will start with a motorcade from the PALEA office in Tambo, Paranaque City. A delegation of supporters from the Partido ng Manggagawa (PM) will join the rally at DOLE.

The protest will continue on Wednesday with a delegation of PALEA leaders trooping to the Times St., QC residence of President-elect Aquino to deliver a petition. PALEA will ask President-elect Aquino to intervene in the PAL dispute, cleanse the DOLE of corrupt officials and reform the policy regarding contractualization.

“The worst of crimes are indeed committed in the darkness of midnight. Lagman’s order is a midnight decision that was released with indecent haste given that the case has not been submitted for resolution and mediation proceedings are still ongoing. We insist that the incoming Labor Secretary be given the right to study and decide on the PAL-PALEA dispute according to procedure and on a just basis,” argued Gerry Rivera, PALEA president and PM vice-chairperson.

Rivera added that “Lagman’s June 15 order is faulty on both substantial and procedural grounds. It failed to consider the PAL-PALEA collective bargaining agreement’s provision prohibiting the outsourcing of jobs that are being performed by regular employees. Further the order came only four working days after PALEA filed a motion for the production of certain documents such as PAL’s latest financial statement and its outsourcing contracts with service providers. No action has yet been taken on the motion.”

PM chairperson Renato Magtubo slammed the decision for legitimizing mass contractualization and revealing the anti-labor legacy of the outgoing Gloria Arroyo government. Magtubo added that “This is the ugly face of contractualization in PAL. Regular PAL employees will become contractual workers in service providers who will be performing exactly the same job for less wages, fewer benefits and no security of tenure. It has happened before when PAL’s maintenance and engineering department was spunoff to Lufthansa Technik and MacroAsia, shell companies whose real owner is still Lucio Tan.”

PAL union slams DOLE’s “midnight decision” on labor dispute

Press Release
June 20, 2010

The Philippine Airlines Employees’ Association (PALEA) slammed as a “midnight decision” the order signed by Acting Labor Secretary Romeo Lagman that found the planned PAL spinoff as a valid exercise of management prerogative.

“Lagman’s decision was released with suspicious haste and preempted the ongoing mediation proceedings at the Department of Labor and Employment (DOLE). We wonder what reasons prompted him to make a decision just 15 days before a new administration assumes power and a new Labor Secretary is appointed,” declared Gerry Rivera, PALEA president and Partido ng Manggagawa (PM) vice-chairperson.

PALEA announced that they will file a motion for reconsideration and exhaust all the means provided by law to protect the job security and labor rights of some 3,000 employees to be laid off as a result of the planned spinoff of airport services, inflight catering and call center operations. The PAL union is also planning mass actions to protest the decision as Rivera explained that the DOLE’s decision is not yet final and executory.

The militant PM expressed its support for the fight of the PAL union. Renato Magtubo, PM chairperson, stated that “The DOLE’s decision, together with the measly P22 wage hike, exposes the real legacy of the Gloria Arroyo regime which is anti-labor to its last remaining days. The working class will remember the GMA government for legalizing mass contractualization and its cheap labor policy.”

Rivera argued that “Lagman’s June 15 order is faulty on both substantial and procedural grounds. It failed to consider the PAL-PALEA collective bargaining agreement’s provision prohibiting the outsourcing of jobs that are being performed by regular employees. Further the case has not been submitted for resolution and the order came only four working days after PALEA filed a motion for the production of certain documents such as PAL’s latest financial statement and its outsourcing contracts with service providers.”

Both Rivera and Magtubo criticized the decision for opening the floodgates for mass contractualization. Rivera added that “In truth PAL will not be outsourcing non-core functions but merely engaging in illegal termination. It will layoff thousands of regular employees who will be absorbed by so-called service providers which are owned by Lucio Tan’s Kamag-anak Inc. PAL’s regular employees will overnight become contractual workers and lose wages, benefits and job security even as they perform the same job as before.”