Palea presses Labor department on CBA talks

THE Philippine Airlines Employees’ Association (Palea) wants the Department of Labor and Employment (DOLE) to order the management of Philippine Airlines (PAL) to start negotiations for a collective bargaining agreement (CBA).

“The DOLE must uphold the law. PAL has a legal duty to bargain with Palea as a sole and exclusive agent,” Gerry Rivera, Palea president, said in a statement.

He added that the law does not provide for a plan to lay off union officers and members as a reason not to bargain.

“The CBA negotiation is distinct and separate from the outsourcing plan,” Rivera said in response to PAL’s declaration that it will only negotiate after the Office of the President (OP) has made a ruling on the dispute regarding the outsourcing plan of the flag carrier.

The outsourcing plan will affects thousands of PAL regular employees, which Palea said was tantamount to laying off workers.

Palea is accusing PAL of wanting a new moratorium on the CBA.
“Whatever is the ruling by the OP on the legality of the outsourcing plan, either the union or management will file a case at the Court of Appeals and the Supreme Court. This was the declaration both of PAL and Palea in the last mediation meeting called by Malacañang. This means the outsourcing plan cannot be executed pending a final judicial resolution, which may take years considering the justice system. In effect PAL wants another CBA moratorium of indefinite period if it will only negotiate after it gets a go signal on the outsourcing and layoff,” Rivera said.

He said that PAL is being “greedy” for refusing to share the bountiful fruits of production to its workers through a CBA.

From a $15.1-million third quarter profit on its latest fiscal year, PAL’s first quarter profit was $31.6 million and second quarter profit $28.2 million, for a total net income of $74.9 million. PAL also paid a loan to the amount of $46.5 million in June 2010.

“A de facto indefinite CBA moratorium is worse than the earlier 10-year suspension,” Rivera said.

In 1998 the PAL-Palea CBA was put on moratorium as a condition for the reopening of the flag carrier and as requirement for its rehabilitation.

He added that “PAL’s reasoning reveals its intention of using the OP to delay indefinitely the CBA negotiations. The outsourcing and layoff plan is thus not only a scheme for contractualization but also a scam for a CBA moratorium.” –Darwin G. Amojelar, Manila Times