Friday, April 04, 2008 NLRC junks striker's motion for reconsideration
THE National Labor Relations Commission (NLRC) in Central Visayas has denied the motion for reconsideration filed by port workers affiliated with Associated Labor Union-Trade Union Congress of the Philippines (ALU-TUCP) for lack of merit.
"The issues presented by the union are the same issues which were passed upon and ruled by the Commission in its earlier resolution. No new issues or evidence was presented by the union so as to necessitate a modification or amended of its previous ruling," the resolution dated March 31, 2008 stated.
The port workers represented ALU-TUCP district coordinator Felizardo Calimpong asked the Commissioners of 4th Division of NLRC Cebu to reconsider its decision dated January 29, 2008.
NLRC Cebu dismissed the complaint of union busting and unfair labor practice against the Prudential Customs Brokerage Services Inc. (PCBSI) for lack of merit.
The union maintained that it is still the collective bargaining agent of the workforce at the base port of Dumaguete City and that the CBA, to which the union is a party, is still operative owing respect from Prudential.
Commissioner Aurelio Menzon, in his resolution, said the CBA referred to expired on June 30, 2004. It was not renewed.
"Consequently, the union cannot conveniently refer it as a binding agreement," Menzon said.
He added that the expiration of the CBA has ended whatever rights and obligations the parties may have during its existence.
"Moreover, the union cannot oblige Prudential (PCBSI) to assume the obligations of the previous cargo handler since there is an agreement to that effect in the cargo handling services contract, which Prudential was able to procure from PPA," he said.
Meanwhile, the union's petition also contends that the contract for the operation of the cargo handling services executed between the Philippine Ports Authority (PPA) and Prudential is not valid because the same violated the mandatory provisions of the Terms of Reference (TOR) promulgated by the PPA itself.
Menzon, however, stressed that the provision of the TOR as cited by the complainant are not conclusive upon Prudential.
"The TOR itself stated that additional provisions may be incorporated in the contract of cargo handling services depending on the requirements of the services and the factors obtaining in the port subject to bidding," said Menzon in the resolution.
He further said the provisions of the TOR mentioned by the complainant merely compose the general terms as the same may be expanded or revised according to the conditions set.
For his part, Calimpong told Sun.Star that he expected the union's motion for reconsideration will be junk, but it was just a part of the process.
Calimpong, however, said it is also normal for them to exhaust all legal remedies. The union, he said, is planning to elevate the issue before the Court of Appeals (CA) in Cebu City.
Dispersal asked
In connection with the dismissal of the motion for reconsideration filed by striking port workers, the PCBSI requested the Philippine National Police (PNP) to disperse the "mass action" in the soonest possible time.
PCBSI counsel Joel Obar, in his letter addressed to Mayor Agustin Perdices and PNP Provincial Director Melvin Ramon Buenafe, stressed that the striking union members are still on the picket line despite the port's closure Wednesday morning.
"Its peripheral activity in a perpetual manner as the illegality and criminality of said mass action or assembly has been settled by the denial of the Union's motion for reconsideration," a letter dated April 3, 2008 read.
Obar told Sun.Star that he believed the closure order of the port would be lifted.
Obar stressed that the "mass action or rally" stated by "former" port workers at the base port of Dumaguete has finally been determined to be "illegal" with the dismissal of the motion for reconsideration.
"It is to be underscored that because this illegal and criminally activity of the former port workers, the closure of the port by the PPA was undertaken as a preventive measure to prevent death or injury to persons and damage to property," he said.
He also said the matter is now within the competency of the police authorities of the city to perpetually clear all thoroughfares leading to the port from any obstruction, impediment, and harassment of difficulty, thereby insuring peaceful and tranquil passage.
The lawyer also said he hoped with the declared illegality of the strike, all and any form of obstruction, impediment and harassment might be immediately suppressed, thereby resurrecting economic activity in Dumaguete City.
Obar, however, is hopeful that the strikers voluntarily vacate the picket line.
Calimpong, on the other hand, firmly said the strike is not the same with rally.
He explained that dispersal is only applicable to rally, not to strike.
Calimpong also emphasized that the legal means is to clear the way but not dispersal because the case is not yet final.
He, however, assured they will voluntarily vacate the picket line if there is an order or settlement to lift the picket. (VLC)
