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Saturday, April 19, 2008
Water district denies dismissed employees' plea
By Ben O. Tesiorna
DAVAO CITY -- The management of the Davao City Water District (DCWD) denied the motion for reconsideration filed by the employees it earlier dismissed or suspended for alleged violation of the civil service law.
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In a four-page decision dated April 17, DCWD Manager Rodora Gamboa denied the "urgent motion for reconsideration with prayer to suspend the immediate execution" of the suspension and dismissal orders on the employees.
Gamboa said the three regular employees who were dismissed and several others who were suspended have violated civil service laws and rules of serious nature when they staged a "concerted activity" during the government office hours and inside the premises of DCWD.
She clarified the dismissal and suspension order was not because of the picket being staged by union members for years now but because they had been constantly committing violations, which were just brushed off by previous administrations.
Gamboa said if she will allow this to continue, the employees might think it's okay for them to violate civil service rules.
"What made the concerted activity of the respondents in violation of the Civil Service Commission (CSC) Resolution 021316 dated October 11, 2002 was that it was done during government office hours and inside the office premises.
Moreover, "collective negotiation agreement incentive ihatag na, Director Braganza pahawa na!" are not just comments as the respondents would have them. They are expressions of a grievance," Gamboa stated in her decision.
"Now, respondents were not administratively charged for airing out the said grievance per se. There is, however, a proper time, place, and manner for airing out a grievance. This is where the respondents went wrong. The administrative infractions were committed when respondents aired out their grievance through a concerted activity or other similar form of activity during government office hours and inside the office premises of the agency," she added.
Gamboa also dismissed the concerned employees' motion to direct DCWD to release back wages and to direct the Ombudsman-Mindanao to participate in the proceedings to uphold and protect the rights and privileges of respondents in the light of the anti-graft and corrupt practices act filed by the employees against the management.
Gamboa said the Ombudsman is an independent body, thus the DCWD cannot demand it to meddle in the case at hand. (Sun.Star Davao/Sunnex)
For more Philippine news, visit Sun.Star Cagayan de Oro. (April 19, 2008 issue)
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