Government acting as bridge in PAL management-employees row

TOKYO – President Aquino confirmed last Thursday that the administration has started efforts to act as a bridge and help forge an amicable settlement to the labor dispute between Philippine Airlines and the firm’s restive employees.

The President had earlier stressed that the government could not keep its hands off the PAL labor dispute which could affect public interest and the welfare of airline passengers.

“We’ve been preparing for it (intervention). In fact, one of the last meetings I had for this week was to talk to several individuals to include representatives from the labor sector and PAL management, trying to get them closer to negotiated settlement and ease the fears of both parties. So I expect some word on it by tomorrow (yesterday) but the signs are promising,” Mr. Aquino told reporters here on Thursday night at a short press conference upon his arrival from Manila to attend the Asia-Pacific Economic Cooperation (APEC) Leaders’ Summit.

Mr. Aquino said when they had the meeting, the employees who might lose their jobs due to PAL management’s decision to outsource some of its services had not yet filed a petition to review the decision of Labor Secretary Rosalinda Baldoz that allegedly favored PAL management.

“So it’s a preemptive meeting, even before we got the notice we are preparing. Of course I understand they will also be filing (a petition) with the CA (Court of Appeals) so that makes it as a sub judice issue,” the President said.

“It’s no longer recommendations. We’re like the bridge, we’re trying to be a bridge and so far there are so many promising signs and I have to wait as to how far they have gone and see what both parties have accepted,” Mr. Aquino said.

Secretary Baldoz said that the President has the power to review her department’s decision allowing the mass layoff of more than 2,600 PAL employees.

“The President has the power to review all the decisions of the members of the Cabinet,” Baldoz said, adding that such power is provided under the Constitution.

Baldoz stressed that she shared Mr. Aquino’s statement regarding a negotiated settlement of the labor dispute affecting the country’s flag carrier.

She said the Department of Labor and Employment’s National Conciliation and Mediation Board (NCMB) has called both the PAL and the PAL Employees Association (PALEA) for another meeting on Nov. 18.

PAL earlier filed a motion seeking to dismiss the notice of strike filed by PALEA before the NCMB.

She also called on PAL to refrain from issuing statements that could undermine the government’s ongoing conciliation efforts.

Baldoz, however, clarified that DOLE’s decision was not meant to pave the way for contractualization of labor.

“Companies should not take the decision as a go signal for contracting out jobs or services in violation of the constitutional right of workers to security of tenure,” Baldoz said.

She said the DOLE’s decision only applies to the PAL labor case and that the government has not crafted or adopted a new policy on outsourcing.

While contracting out is allowed by law, Baldoz said, such should be done with evidence of good faith.

PAL employees have also filed a second notice of strike before the DOLE.

PALEA, which represents more than half of the airline’s rank-and-file workers, said their union plans to elevate the labor dispute to the CA aside from their desire to go on strike.

Sixteen of the country’s biggest labor groups expressed support last Wednesday for the airline’s labor union and called on the President to reverse DOLE’s ruling that allowed PAL management to dismiss 2,604 workers.

PALEA had also asked Mr. Aquino to suspend the implementation of the DOLE order that authorized PAL to outsource non-core functions.

“We believe that the President has the power to suspend the implementation of any executive decision including the assailed decisions of his Cabinet secretaries,” PALEA president Gerry Rivera said in a statement.

Rivera said the DOLE’s decision is indisputably unjust as manifested in the strong and unified opposition to it by all of the country’s organized labor groups. Organized labor groups have also called on Mr. Aquino to intervene in the PAL dispute.

Rivera said PALEA would also ask the President to facilitate a fair and equitable resolution of this conflict without trampling upon the rights of labor, which are guaranteed by the Constitution and international conventions.

PAL seeks scrapping of notice of strike

Cielo Villaluna, PAL spokesperson, said their legal counsels have sought the dismissal of the motion of strike filed by PALEA during their conciliation meeting with representatives of the union.

“PAL filed a motion to dismiss on the grounds that the issues raised by PALEA in their second notice of strike were mere amplification of their first notice, which has already been resolved by the Department of Labor and Employment,” Villaluna explained.

Villaluna said PALEA’s claim of alleged union busting brought about by the individual bargaining as well as the mass termination of workers is baseless.

“The termination of employees as approved by DOLE was in no way intended to engage in union busting but just a mere consequence of the fact that the union officers were part of the affected departments of the spin off,” she pointed out.

Villaluna said PALEA’s second notice of strike was apparently meant to question the legality of DOLE’s decision affirming the planned termination of employees from PAL’s call center, catering and airport services.

In yesterday’s conciliation meeting called by the NCMB, PAL management defended the legality of the planned termination of the 2,604 employees.

PALEA members have insisted that the workers filed a second notice of strike after PAL management started coercing the employees to accept the retirement offer.

PALEA also declared that their members are ready to go on strike anytime and they are already set to hold their strike vote.

Villaluna stressed that PALEA could not hold a strike vote and stage a strike since DOLE is yet to come out with a decision on the union’s second notice of strike. – With Mayen Jaymalin –Aurea Calica (The Philippine Star)