National interest

‘The idea of conciliation as always is “take some and give some.”. It cannot be a take all and give none.’

MY simple understanding of the secretary of labor assuming jurisdiction over a labor dispute is that this is done only when the national interest is involved.

This is a crisis of sorts because strident employees are practically denied their day in court.

But then the cooling-off period or the period where the case is mediated by the National Labor Relations Council is equivalent to having a day in court. Both sides are heard.

The idea of conciliation as always is “take some and give some.” If you can dish it out you should be able to take some. It cannot be a take all and give none.

The management of Philippine Airlines initially offered P80 million as the package of economic benefits.

The union wanted more. PAL upped the ante to P105 million. The union wanted another accommodation. The 1,600 members of the Flight Attendants and Stewards Association of the Philippines would not budge an inch from the position that the retirement age of female flight attendants should be 45.

Management wants them retired at 40. There was an impasse in the last conciliation meeting with the union giving a dire warning that it would call a strike late this month or early next.

President Aquino broadly hinted that if the protagonists failed to come to terms, the secretary of labor would assume jurisdiction over the dispute.

The union would not like it and could even accuse management of many “violations,” including union busting, use of power and money to get the labor secretary to take over the dispute.

This solution of taking over a dispute is harsh. When the labor secretary assumes jurisdiction over a labor dispute, it normally issues a return-to-work order. Those who do not comply may be summarily dismissed without a hearing. But that is the law.

It is not only management and labor that have a stake in the dispute. National interest is the bigger issue. The airline business is in the national interest. In fact, stretching the meaning, the business may border on national security.

If this is so and it cannot be another, the assumption of jurisdiction over the dispute is theoretically neither for the interest of PAL nor the members of the FASAP. It is for the national interest.

This likely possibility could have been prevented if the leaders of FASAP had not taken an all-or-nothing position. The right of management to promote efficiency and make the enterprise profitable is a first instinct. In fact, it should be inviolable for as long as the exercise of the right does not infringe on labor laws.

In the Executive Department workers are forcibly retired at age 65. In the Judiciary, retirement is forced at the age of 70.

In the private sector, the retirement age is determined by management almost arbitrarily for the survival of the enterprise. Labor has a duty to help management in the survival effort.

Among airlines in the Asean region, PAL maintains the oldest flight attendants.

Some have grown too fat they hardly fit in an economy seat.

They have to be replaced with fresh faces and enjoy their retirement benefits while PAL dips its hands into the bottom of the barrel to keep the younger force working and the airline operating, hopefully for a profit.

When the secretary of labor assumes jurisdiction, tempers among union members

will likely flare up. The issue of early retirement sought by management will be set aside by the union in favor of more media-sensitive charges of alleged exercise of naked power, political connections, money and the like.

The issues that have been joined in earlier unproductive peace talks will be confused with irrelevant matters.

Considering that PAL has barely come out of a 10-year receivership program that forced its principal owner, Lucio Tan, to cough out $200 million from his own pocket, management will be more firm than ever.

After all, it will be armed by a return-to-work order to be issued by the Secretary of Labor. Those who will defy the order will be summarily dismissed.

This will be the test of the strength and unity of the union. They must stand united.

But that forgets the stomach and the need for jobs. The order, therefore, may succeed in putting some sanity in the minds of the hotheads and force them to realize that PAL has not been making that much money as the other airlines.

And one of the reasons is strident labor.

The owners of the airline have taken high risks in the hope of turning in some profits. Management nows full well that hope may come to fruition only if labor should cooperate.

The union does not want to cooperate. Its stand is hard and fast. The union stand is “ours or bust.” The assumption of jurisdiction over the dispute by the secretary of labor reverses that stand.

The period for reconciliation has not expired. But the parties will not come to the negotiating table one more time to smoke the peace pipe. Both sides parted with a position that they have agreed not to agree.

There is very little hope for a peaceful settlement. Management has offered what it could but stands pat on the retirement age of 40 for stewardesses. The union insists on 45.

The last conciliation talks were held last week. It is now the union’s burden to make good its threat to file stage a strike.

Since the issue involves national interest, the secretary of labor may assume jurisdiction. The order for labor to return to work is not exactly a victory for the management of PAL.

Neither could it be considered a defeat for the union. It just happens to be the law.

The room for peace has been closed. It is now the union’s call whether or not to return to work if an order is issued. It is now under the gun. –AMADO P. MACASAET, Malaya