Wednesday, April 04, 2007 Talk back: That story on labor arbiters By Segundino E. Ceniza, Jr. Board Secretary 4, NLRC
WE are writing you in connection with the story, “No strikes in Cebu despite lack of arbiters,” published in page A13 of the March 13, 2007 issue of Sun.Star Cebu.
We have gone over said article and have found some errors that need to be corrected, lest the public be misled.
The story said that, “In fact, there was no strike last year, said NLRC 7 Director Elias Cayanong, because mediation efforts were very effective and the workers have learned to allow due process to take its course.”
Elias Cayanong is not “NLRC 7 Director,” neither does such position exist in the National Labor Relations Commission (NLRC.
Cayanong is the regional director of the Department of Labor and Employment 7 and is not connected with NLRC.
The story also said that, “Three commissioners, each with three arbiters assisting, are required to hear and resolve labor cases. But following the retirement of lawyer Jesus Gador last December the fourth division only has two commissioners--–lawyers Oscar Uy and Aurelio Menzon.”
The retirement of Gador did not result in the reduction of the number of commissioners in the NLRC 4th Division.
This is because Gador himself is not a commissioner, but one of the nine labor arbiters assigned with the NLRC 4th Division to assist the three commissioners.
Only two commissioners are left in the NLRC 4th Division because the presiding commissioner, Gerardo C. Nograles, was appointed chairman of NLRC.
Of the nine reviewing labor arbiters in the NLRC 4th Division, only six are left.
Gador has retired, lawyer Jose B. Lagado has joined the judiciary and lawyer Jermelina P. Ayad has been transferred to the Regional Arbitration Branch 7 at Fuente Osmeña, Cebu City.
The story said that, “The NLRC cannot dispose of the cases already piling up in the administrative room until the ban expires in July.
“’Daghan na ang nireklamo dinhi tungod sa kadugay sa ilang kaso. Pero unsaon ta man na labi na nga election ban wala gyod tay mahimo. Nagpundo na pag ayo nang atong mga kaso diha sa kilid sa atong office. Ambot unsaon nalang nga maghulat pa gyod ta ani sa bulan sa July,’ said Segundino Ceniza Jr., the board’s secretary.
“One of the pending cases is the 15-year-old dispute between workers and management of General Milling Corp. (GMC)”
The fact that there are only two commissioners and six labor arbiters left in the NLRC 4th Division does not necessarily mean that the NLRC 4th Division has been crippled, that is, it can no longer decide any cases until July.
The NLRC 4th Division at present, despite said difficulties, has continued to resolve the labor cases pending before it.
However, with the admitted manpower shortage that won’t be filled up until the end of the election ban, it will not be at the rate of disposal when the NLRC 4th Division had a full complement, thus garnering for the NLRC 4th Division the distinction of being the Number 1 NLRC Division nationwide for two consecutive years.
As to the GeMC case, while admittedly it has dragged on for 15 years, it is not true that we did not resolve the case that long.
The truth is, it kept coming back to the Commission for resolution on appeal, each time on different issues raised by the parties.
Rest assured that it will be resolved in due time and that the NLRC 4th Division will give it top priority. AIV’s reply:
Board Secretary Ceniza obviously forgot that he mentioned Section 213 of the Labor Code in telling me that because the 4th Division lacks the needed three commissioners I could not get any stories from appealed labor cases because the third commissioner serves as the tie breaker in promulgating a case.
He added the problem occurred since November following the promotion of Nograles and retirement of Gador.
I apologize for mistaking Gador to be a commissioner.
Before writing the story, I checked about Section 213 and indeed it mandates that there should be three commissioners in a division to dispose cases.
The story itself gave a background of the GMC case.
It did not stop at the word “pending.”
Meanwhile, the error on Cayanong was an editing lapse.
