Thursday, May 08, 2008
Trader sues labor arbiter for favoring ex-workers
A BUSINESSMAN has filed anti-graft charges against a Cebu-based labor arbiter for allegedly showing “indecent haste” in handing down a multi-million peso award to 10 dismissed employees.
William Tiu, owner of the Rough Riders Transportation Inc., accused Labor Arbiter Ricardo Barrios Jr. of violating the anti-graft and corrupt practices act and hinted that a competing firm, Ceres Bus Liners, had a hand in the incident.
Eight of the 10 dismissed employees, he said, are now with Ceres.
Basis for appeal
Barrios, in an interview with Sun.Star Cebu, denied the allegation and said Tiu is merely using the case as basis for an appeal.
He said the ruling was handed down in compliance with National Labor Relations Commission (NLRC) procedures.
In the complaint addressed to Deputy Ombudsman Pelagio Apostol, Tiu accused Barrios of causing “undue injury” for not giving them the chance to defend themselves in the labor case.
He said Barrios did not wait for their position paper before ordering his company to pay P4.5 million to 10 dismissed employees who have identified themselves as the Rough Rider United Free Labor Union.
The company does not recognize the union. At the time the complaint was filed, it had not yet held its certification elections.
He said Barrios had a long line of labor cases pending resolution but still chose to rule on the labor case against him.
“I wish to respectfully inform this honorable office that I am also filing a separate administrative complaint against said labor arbiter with the Office of the Efficiency and Integrity Board, Fourth Division, National Labor Relations Commission, Cebu City,” he said in the complaint.
But Barrios said the case was prioritized because the complainants followed it up.
Besides, he said, the mandatory conference had already been terminated, with the full knowledge of Tiu’s lawyer Dominador Almirante himself a former labor arbiter.
Voluminous
Tiu, in the complaint, said the deadline imposed was Dec. 12. And, considering how difficult it was to collate “voluminous documents necessary for (their) defense”, they had no other recourse but to ask for an extension.
Also, a fire of “suspicious origin” hit their office three months before, compounding the problem.
Had Barrios waited and considered their position paper instead of immediately basing his decision on the position of the complainants alone, Tiu argued, he could have realized that there’s “no justification” at all to the huge award to the complainants. (Rachel O. Capapas, Silliman University Masscomm Intern)
For Bisaya stories from Cebu. Click here. (May 8, 2008 issue)
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