Clark workers dismayed over CBA delay-A A +A
Friday, October 12, 2012
CLARK FREEPORT -- Employees of the Clark Development Corporation (CDC) are dismayed over a directive issued to the union to defer talks on collective bargaining agreement.
Governance Commission on Government-Owned and Controlled Corporation (GCG) chairman Cesar Villanueva in a letter to CDC officer in charge Eduardo Oban Jr. stated "the Commission formally informs CDC that with the Issuance of EO7 and pursuant to the enactment of Republic Act 10149, CBAs between employees and GOCC employers may no longer be negotiated.”
Villanueva issued the letter following an agreement between the Association of CDC Supervisory Personnel (ACSP) and the CDC Management to seek for voluntary arbitration following the non-implementation of the concluded CBA negotiations on March 2012.
The agreement came after ACSP filed an unfair labor practice case against CDC for the non-implementation of the CBA despite the approval of the CDC Board of Directors, where Villanueva was still acting as CDC presiding chairman.
ACSP president Victor Barbieto said RA 10149 or the GOCC Governance Act of 2011 became more powerful than the Labor Code (Articles 242, 244, and 246) which enshrined in the employees right to collective bargaining.
Barbieto added “it effectively abolished this right as all salaries, incentives, and benefits of GOCC employees are now to be dictated by a single superpower commission.”
Villanueva in the same letter to Oban also stated “it should be clear that under the regime set under RA 10149, GOCCs, whether chartered or non-chartered, are without authority to set their own compensation frameworks, nor are their Governing Boards are authorized to enter into collective bargaining negotiations or be bound to arbitration proceedings that would set the compensation framework outside of the Compensation and Position Classification System (CPCS) that is being developed by the Commission for final approval of the President.”
Other workers’ association affected by Villanueva’s letter includes the Association of Concerned CDC Employees (ACCES), Mimosa Employees Union, and Clark International Airport Corporation union.
Aside from ACCES, CBA that has yet to be implemented from the CDC, CIAC’s rank and file union, and Mimosa Leisure employees union. ACCES new CBA negotiation is scheduled early next year.
“Meanwhile, all GOCC employees' salaries are being ordered to be put in status quo, no movement, no increase, and no progress. By the way, Malacañang has prescribed the salaries of all Board of Directors of all GOCCs through EO 24. So the BODs, can now enjoy their salaries or allowances, while the employees' salaries are frozen. To think that RA10149 was primarily created to curb the abuses of GOCC BODs, (of MWSS) but in the end the lowly common employees suffered,” Barbieto added.
Government employees who are dependent on the DBM for salaries will already be enjoying the increased salaries given by the Joint Resolution No. 4, Series of 2009, and implementation of EO 811 dated June 17, 2009; salaries which are definitely much higher than those enjoyed by CDC employees of the same level (Salary Grade 22 -24 equivalent to Job Level10), Barbieto said. (Reynaldo G. Navales)
Published in the Sun.Star Pampanga newspaper on October 12, 2012.