Lagman’s order a ‘midnight decision’

THE Philippine Airlines Employees Association (Palea) called 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.

The planned spinoff will result to the termination from the service of about 3,000 PAL employees nationwide, including 600 in Cebu.

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“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,” said Gerry Rivera, Palea president and Partido ng Manggagawa (PM) vice chairman.

In a press statement, Palea announced they will file a motion for reconsideration and exhaust all legal means to protect the security and labor rights of some 3,000 employees to be laid off as a result of the planned spinoff of airport services, in-flight catering and call center operations.

The PAL union is also planning mass actions to protest the decision. Rivera said the Dole’s decision is not yet final and executory.

The PM-Cebu expressed its support for the fight of the PAL union. Dennis Derige, PM spokesperson, said the DOLE decision exposes the real legacy of the administration of President Arroyo.

“Lagman’s June 15 order is faulty on both substantial and procedural grounds. It failed to consider the PAL-Palea collective bargaining agreement’s (CBA) 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,” Rivera said.

Rivera and Derige said the decision opened floodgates for mass con-tractualization.

“In truth, PAL will not be outsourcing non-core functions but merely engaging in illegal termination. It will lay off 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 job as before,” Rivera said.