Report No. 332, LXXXVI, 2003, Series B, No. 3, Case No. 1826

Report No. 332, LXXXVI, 2003, Series B, No. 3, Case No. 1826
Effect given to the Recommendations of the Committee and the Governing Body

Introduction

Case No. 1826 (Philippines)

128. When it last examined this case in March 2003, which concerns lengthy delays and several postponements of a trade union certification election (first requested in February 1994) at Cebu Mitsumi Inc., in the Danao export processing zone, the Committee once again expressed its deep concern at the inordinate delays, intervened in the case and urged the Government to speed up, as a matter of urgency, the process of certification at Cebu Mitsumi Inc. In addition, the Committee deeply regretted that the Government did not provide any other information on the other issues (the suspension of Mr. Ulalan, and the steps taken to establish a fair and speedy certification process providing adequate protection against acts of interference by employers in such matters) [see 330th Report, paras. 138-140].

129. In a communication of 13 August 2003, the Government provided the following information. The pre-election conference on the certification elections at Cebu Mitsumi Inc., conducted by the Department of Labor and Employment, to which earlier communications of the Government referred, continued and resulted in agreements between both parties on the following points: (a) the certification election will be held on 5 December 2003 from 8 a.m. until 10 p.m.; (b) Cebu Mitsumi Inc. will submit the list of voters before 20 August 2003, the date agreed by the parties for inclusion-exclusion proceedings; (c) Cebu Mitsumi Inc. will provide the petitioner (Cebu Mitsumi Employees� Union (CMEU)) with the said list before 18 August 2003; and (d) other aspects of the certification election will be discussed at the next meeting scheduled on 20 August 2003. The communication does not contain any other information.

130. The Committee takes note that both parties have agreed to hold the certification election on 5 December 2003. The Committee notes on the other hand that, at the time of the submission of the Government�s reply, the list of voters had not been established and other aspects of the election remained to be agreed upon. Bearing in mind that the last two elections had been marred by a number of irregularities, in particular because the majority of eligible voters had not cast their votes, thus resulting in further delays, the Committee trusts that every effort will be made to ensure that the certification election will actually take place on the agreed date, with all the assurances of impartiality and non?interference. The Committee requests the Government to keep it informed in this regard. Further, the Committee deplores that for the sixth time it must reiterate its request to the Government to provide information on the indefinite suspension of the president of the CMEU, Mr. Ulalan, as well as on the steps taken with a view to establishing a legislative framework allowing for a fair and speedy certification process, providing adequate protection against acts of interference by employers in such matters. The Committee expects that the Government will now provide this information without any further delay.