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Sunday, April 3, 2011

Labor takes over PAL row

Philippine Daily Inquirer
First Posted 05:36:00 04/02/2011
By Jocelyn R. Uy, Tina Santos

MANILA, Philippines—Hours before the strike ban imposed on the Philippine Airlines’ (PAL) ground crew union lapsed on Friday, the labor department turned over the case to the National Labor Relations Commission (NLRC), effectively averting a work stoppage at the national flag carrier.

Labor Secretary Rosalinda Baldoz on Friday issued a certification order, handing over the labor dispute to the NLRC since the issue involved “unfair labor practices” and not a deadlock in the collective bargaining agreement (CBA).

“The Department of Labor and Employment (DoLE) cannot assume jurisdiction because what is being talked about is unfair labor practices, not a deadlock in the CBA,” Baldoz told the Inquirer by phone on Friday night.

Same effect

But the certification order has the same effect as the assumption of jurisdiction as the former would also prevent the Philippine Airlines Employees’ Association (Palea) from going on strike, explained Baldoz.
Palea cannot push through with its planned work stoppage while the case is being heard by the NLRC, she said.

DoLE also upheld its earlier decision to stop PAL from retiring senior flight attendants who reach the age of 55.

In its ruling, the DoLE Friday affirmed its previous decision favoring the Flight Attendants and Stewards Association of the Philippines (Fasap) in its CBA dispute with PAL.

Baldoz also directed PAL to reinstate the flight pursers who were retired while the labor case was being heard.

Before the DoLE order, Palea members and their supporters snarled traffic along Tramo Street in Pasay City Frid\ afternoon as they marched to Terminal 2 of the Ninoy Aquino International Airport.

‘All systems go’

Palea members, along with other militant groups, announced that it’s all systems go for their first nationwide strike since 1998.

“Palea is 100 percent ready for a strike that will paralyze the operations of Philippine Airlines which is in cahoots with the Aquino government in denying workers the right to regular jobs and a collective bargaining agreement (CBA),” said Palea president Gerry Rivera in a statement.

He stressed that a strike could only be prevented if PAL heeds their demand to stop outsourcing and open CBA negotiations without preconditions.

Rivera added that synchronized mass actions were also held in Cebu and Davao.

“PAL will earn $1.6 billion in profit this year. Yet it refuses to share the fruits of production with its employees via a CBA,” Rivera insisted.

Ready for the worst

But PAL Friday assured its passengers that the national flag carrier is ready for a ‘worst case scenario’ of an actual work stoppage.

In a statement, PAL said it is ready to implement contingency measures to minimize flight disruptions and avoid passenger inconvenience in case a threatened walkout by its ground crew pushes through.
“Many PAL administrative employees, and even union members themselves, believe that a strike will not do the company any good. As such, they are ready to man posts to be vacated by protesting workers,” PAL president and COO Jaime J. Bautista said.

“We apologize to our passengers for whatever anxiety and inconvenience threats of work stoppage have spawned. Rest assured we are doing everything we can to ensure that your flights will proceed as scheduled,” he added.

Bautista said the planned strike had no legal basis. “First, it’s not true that management refuses to convene negotiations for a new CBA as claimed by Palea. Second, the union’s claim that there is no justifiable reasons for the spinoff of three units—airport services, in-flight catering and call center reservations—likewise have no leg to stand on,” he stressed.
  

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