Saturday, April 05, 2008 City won't disperse striking port workers By Victor Camion
MAYOR Agustin Perdices clarified Friday that City Government will not be the lead agency for a possible dispersal of the striking port workers affiliated with Associated Labor Union-Trade Union Congress of the Philippines (ALU-TUCP).
Perdices clarification was issued in connection with the letter from Prudential Customs Brokerage Services, Incorporation (PCBSI) requesting the mayor and the Philippine National Police (PNP) to disperse the strikers 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 striker union members were still on picket line despite the closure of the port as of Wednesday morning.
The request was made after the National Labor Relations Commission (NLRC) in Central Visayas denied the Union's motion for reconsideration.
In his letter dated April 3, Lawyer Obar said that "mass action or rally" 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.
Obar, however, is hopeful the strikers would voluntarily vacate their picket line.
ALUT-TUCP District Coordinator Felizardo Calimpong, on the other hand, firmly said that the strike is not the same with a rally.
Calimpong explained dispersals are only applicable to rally but not to strike. He emphasized the legal way is to clear the area 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.
Mayor Perdices told reporters that he will not allow the city police to lead the dispersal unit.
He explained that he, as local Chief Executive, has the right to protect the local police against any possible legal impediment.
The mayor further explained the strikers made their picket along the road owned by the Philippine Ports Authority (PPA) and not by the city government.
The PPA, he said, admitted that strikers stationed themselves at the port vicinity. Therefore, the city has no right to disperse the strikers.
It does not mean he washes his hands on the issue but his only trying to avoid legal impediment, he added.
However, he said the city government through the city police is ready to assist dispersal units.
Perdices has already informed Senior Superintendent Buenafe about the possible scenario.
The port police, under the command of the port manager, should be the lead agency in dispersing the strikers, he said.
Negotiation
Mayor Perdices also clarified that negotiation is still open between parties.
As a reaction to Calimpong's statement that strikers are ready to vacate the picket line in case there will be a settlement, the mayor stressed that he, together with Representative George Arnaiz (2nd District-Oriental Negros) and Governor Emilio Macias II, have been doubling their efforts ever since to settle the problem.
However, both the strikers and the new cargo-handling operator will no longer met and discuss their terms, he stressed.
He explained the PCBSI stood on its ground to get only 40 to 53 of the 118 union members but the union insisted to absorb all members.
Perdices said if the problem will not be solved locally, they will have to wait for the final decision from the Supreme Court. He stressed that it will take a long time.
The mayor quoted the statement made by Grace Ibuna, President and Chief Executive Officer of PCBSI, about challenging the union who among them has the "longest rope."
He said nobody knows how long the people of Dumaguete should wait as to when the contest will end.
The mayor has urged Congressman Arnaiz and Governor Macias to ask the intervention of Malacañang.
He believed that President Gloria Macapagal-Arroyo can order PPA General Manager Oscar Sevilla to meet with ALU-TUCP National President Democritus Mendoza and PCBSI President and CEO Grace Ibuna to fast track the solution of the problem.
