Tuesday, September 09, 2008 65 Lepanto workers fired for unionizing By Ace Alegre
MANKAYAN, Benguet -- At least 65 underground workers were fired from work at the Lepanto Consolidated Mining Company allegedly after organizing a workers' union.
Initially sacking seven executive officers and five members of the board of directors of the newly organized Shipside Incorporated Employees Union (SEU) and more or less 30 members, their number is growing everyday, said Elma Awingan of the Cordillera Labor Center (CLC).
Lepanto is "coercing" members of the union to sign waivers. Refusing to sign the waivers would mean termination, she said.
The "firing" by Lepanto came even before a Department of Labor and Employment (Dole)-scheduled "certification election" (CE) just a few days from now.
Dole-Cordillera Administrative Region (CAR) on August 10 granted the SEU's "Petition for Certification Election". Union representatives and Lepanto management scheduled it on September 10.
The Dole's decision gave hope to the workers for a just living salary and benefits, security of tenure, and recognition of their rights and welfare, Awingan of the CLC said.
But while preparing for the Certification Election on September 10, the management allegedly fired 47 union executive officers and its board of directors and 30 members.
"They forced them to accept and sign the termination letter issued to them," said Awingan, blaming the firm for union busting tantamount to unfair labor practice.
Lawyer Federico Bunao, legal counsel of the workers, cited Lepanto for violating Article 248 of the Labor Code which states: "To interfere with, restrain and/or coerce employees in the exercise of their right to Self-Organization", and Article 263 of the Labor Code that says: "Illegal dismissal of Union Officers duly-elected in accordance with the union's Constitution and By-laws."
On August 30 and 31, Lepanto issued a termination letter to those who refused to accept and sign the letter and/or waiver although employees had signed a three-month contract with the company from August to October 2008.
Four years ago, workers who blamed Lepanto, the biggest gold producer in the country since 1936, also for alleged unfair labor practices, staged a crippling four-month strike, which translated to multi-million-peso losses for the mining firm.
