Sunday, November 11, 2007 Labor agency backs port strikers By Victor L. Camion
THE National Labor Relation Commission (NLRC) in Central Visayas ordered the Philippine Ports Authority to enter into a new Collective Bargaining Agreement with striker-members of the Associated Labor Union-Trade Union of the Philippines (ALU-TUCP).
In a 10-page decision, NLRC 4th Division Commissioner Aurelio Menzon declared that the Philippine Ports Authority-Dumaguete Ports Services (PPA-DPS) is the employer of ALU-TUCP formerly known as Cipres Stevedoring & Arrastre Incorporated Employees Union (CISAIEU-ALU-TUCP).
Commissioner Menzon, however, dismissed the charges of unfair labor practice filed by union members against PPA-DPS.
Menzon also ordered PPA-DPS to meet and convene with the union for the purpose of negotiating a CBA within 10 days from receipt of the decision dated August 31, 2007.
The decision was just received recently by the union members, according to ALU-TUCP district officer Felizardo Calimpong.
Labor Secretary Arturo Brion certified the issue of unfair labor practice raised by the union after it staged a strike at the port of Dumaguete on December last year.
The strike was staged after the PPA-DPS refused to meet and negotiate with the union members for a new CBA.
The PPA-DPS claimed it is not the employer of the union.
It claimed that the union members were the employees of the Cipres Stevedoring & Arrastre Inc. (CSAI), the former cargo-handling operator of the port of Dumaguete.
The union has existing CBA with CSAI covering the period of July 1, 1999 to June 30, 2004.
But before the expiration of the CBA, CSAI's permit was no longer renewed by PPA.
In a memorandum order, PPA assumed the cargo handing service at the port of Dumaguete in lieu of the private cargo handling service provider and utilized union members as workers.
"Respondent (PPA) took charge of paying the salaries of complainant's members (union) and likewise granted them the benefits due them under the CBA between complainant and CSAI," raid in a decision by Commissioner Oscar Uy, certified by Presiding Commissioner Violeta Ortiz Bantug.
But the NLRC Commissioners clarified that PPA-DPS is not guilty of unfair labor practice despite its refusal to enter into a new CBA because it relied on the opinion of the Civil Service Commission (CSC) and PPA.
In a letter dated November 17, 2004, CSC said the nature of work performed by the laborers and stevedores hired by PPA is intermittent and temporary in nature, which categorically falls within the description of job order contract.
The workers cannot be considered government employees, according to CSC.
Meanwhile, the legal services department of PPA in Manila issued a memorandum to the Port District Manager of Visayas citing the clear and definitive ruling that PPA cannot enter into a CBA with the employees' union of the cargo-handler whose cargo-handling service was taken over by the PPA.
"If it was really true that the work of complainant's members were intermittent and temporary, then why is it that there was no service contract drawn when respondent took over the cargo handling service from CSAI?" NLRC questioned.
The continued employment of the union and the continued administration of the PPA without interruption were raised as being inconsistent with a supposed lack of employee-employer relationship between the PPA and the union.
