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Wednesday, November 09, 2005
Work bosses, members file raps v. Oroport
By Lizanilla J. Amarga
SOME nine "capataz" or work gang bosses and 105 of their members filed Tuesday charges against Oroport Cargohandling Services, Inc. (Oroport) for unfair labor practice at the local Regional Arbitration Board (RAB) 10.
These work gang bosses, who are members of Oroport Piece Workers Labor Association of Labor Unions-Trade Union Congress of the Philippines (Opwola-ALU-TUCP), accused Oroport of a "lock-out" and "illegal harassment."
Opwola-ALU-TUCP, the complainant, is a chartered local union local union of the ALU-TUCP composed of "hired" or "pakyaw-onboard" workers of Oroport, represented by local president Angelita Acut.
Besides Akut, the other complainants include Darwin Cabingas, Moises Dacer, Bechel Dagani, Robert Ellevera, Jose Luzon, Felmar Ortega, Frederick Salon and Jeffrey Tongco who are all work gang bosses or capataz and 105 of their members.
In their statement to this paper, the complainants described how they are "hired" or "pakyaw on-board" workers and members of Opwola.
The group now seek an order from RAB 10 for their immediate "reinstatement without the loss of seniority rights or diminution of wages, benefits and other privileges" and for Oroport to pay their back wages from time they were illegally locked out or dismissed up to the time they are actually reinstated back to work.
Also, to jointly and severally pay the complainants moral damages in the amount of P10,000 each and lawyer's fees.
But Oroport spokesman Noel Tan Tuesday maintained that these capataz are not regular employees of their company. "They are merely contractors," he said.
As to accusations of unfair labor practices, Tan said they have yet to get hold of a copy of the complaint filed at RAB 10.
Tan promised that their legal counsel lawyer Armand Kho would issue a proper statement to answer for these allegations in due time.
The case was filed against Oroport and the following officers of the same firm: Franklin Siao, president and chief operating officer Venuz Cabaraban, OIC and Admin and personnel officer; and Romeo Abratiguin, acting chief security officer.
Regional vice-president of ALU-TUCP for Northern Mindanao Nicandro Borja filed the complaint.
According to complainants they are organized into some 30 workers per group or work gang with each gang being led by the individual complainants.
They work on shifting basis manually discharging or loading grains and/or fertilizers in bags or in bulk from and to foreign or local vessels docked at Macabalan port and being serviced by Oroport.
These capatazes and their members take their orders from Oroport Rotation Officer Wilindre Maderal and that the conduct, manner, and means of doing their jobs are closely supervised by the Oroport Vessel Foremen.
They claimed that they are paid wages on a "piece rate" basis based on the number of bags or quantity of grains, fertilizers among others that they load or discharge or from the vessel.
In his complaint, Borja said they are suing Oroport and Siaos group in their official capacities as officers of Oroport.
This for their "bad faith in dealing with the complainants, and for their deliberate and malicious commission of unfair labor practices."
Acut recounted how last October 1 they received information that all Opwola members would soon be barred from entering the Macabalan port and be replaced by outsiders.
She said the move was intended to prevent them from joining the strike planned by PPWU-ALU-TUCP, which earlier filed a Notice of Strike Sept. 28, 2005 for ULP. On same date 50 to 100 outsiders or "scabs," were deployed by Oroport.
Acut said on October 5 complainants Dacer, Dagani and Ellevera together with their work gangs who were scheduled to work that day were barred from entering the port area by Oroport security guards reportedly on instruction of Cabaraban.
Acut, Luzon, Ortega, Tongco and Solon also went to the port to verify their detail schedules but were barred from entering the port by Oroport security guards on orders of Abratiguin.
"Many of the workers have been working with Oroport since 1996," Acut said in vernacular.
"Not once have they been barred from entering the port even during red alerts," added Acut.
(November 9, 2005 issue)
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