THE National Conciliation and Mediation Board (NCMB) is trying to prevent a strike by the rank-and-file and supervisory personnel of Kepco SPC Power Corp. (KSPC).
The group wants management to rehire union leader Lowell Sanchez, after it fired him for violating company rules and regulations.
Last June 4, the group filed a notice to strike.
However, NCMB 7 Director Edmund Mirasol is hopeful the labor dispute will be settled to preserve industrial peace in the power sector and to prevent brownouts that might result if the strike does proceed.
Mirasol already called both labor and management for conciliation and mediation conferences last June 9 and yesterday. Another conference will be held on June 18.
The SyCip Salazar Hernandez & Gatmaitan law office, KSPC’s counsel, told Mirasol that the notice to strike is void since Kepco Cebu Supervisors Association has no legal personality to file the notice.
Atty. Alan Fontanosa said the group does not have a certificate of creation from the Department of Labor and Employment (Dole).
Fontanosa said that during the June 9 conciliation meeting, he asked the group if it has secured a certificate of creation from Dole.
The group said it has a charter certificate from the Workers Solidarity Network.
“We reminded the union that for purposes of filing a notice to strike on the ground of unfair labor practice acts, such as union busting, the law explicitly requires that only a legitimate labor organization should file the notice,” Fontanosa said.
“Given the admission of the union representative, however, it is irrefutable that the union did not have a legal personality and was not a legitimate labor organization when it filed the instant notice to strike on June 4, 2015. It did not therefore have the right to represent the members for all purposes not contrary to law or applicable regulations and to its constitution and by-laws,” he added.