PAL mulls sabotage raps vs wildcat strikers

Flag-carrier Philippine Airlines (PAL) is considering filing economic sabotage charges against its former employees who staged a wildcat strike last Sept. 27 that paralyzed the airline’s operations at the height of Typhoon “Pedring.”

PAL AVP for industrial relations Remigio Siapno told the House labor and employment committee that the airline firm may file charges of economic sabotage against more than 300 former employees who were members of the PAL Employees Association (Palea).

Apart from disrupting trade and commerce, the wildcat strike caused grave inconvenience to more than 14,000 PAL passengers at NAIA Terminal 2 on that day, Siapno said.

The Pasay City court, meanwhile, issued a temporary restraining order (TRO) enjoining protesting former PAL employees from staging protest actions outside the In-Flight Center (IFC) along MIA Road in Pasay City.

The injunction against the Palea was issued by Pasay City Regional Trial Court Executive Judge Edwin Ramizo Monday afternoon.

In his order, Ramizo said the protesting former PAL employees were preventing and depriving the flag carrier

of its right to operate the IFC.

The IFC has been the site of protest actions by Palea members who were denouncing the contractualization program of PAL that led to the dismissal of some 2,000 of their members.

On plans to summon PAL chairman Lucio Tan to Congress, the airline management said it would inform the taipan of such invitation. In a statement, PAL said Tan spends more time abroad than in the Philippines to attend to various business matters.

PAL stressed that the flag carrier’s labor issues are pending before the Court of Appeals (CA) and the Supreme Court. “To openly talk and comment on these issues may be sub judice,” PAL stressed.

For his part, Labor and Employment Undersecretary Hans Leo Cacdac informed the committee that based on the Department of Labor and Employment’s (DoLE) earlier decision, the labor department found that PAL’s outsourcing program does not constitute unfair labor practice. The same ruling was upheld by the Office of the President twice.

PAL office-in-charge (OIC) for human resources Sylvia Hermosisima assured lawmakers that PAL’s operations remain safe since the outsourcing was implemented Oct. 1. She said that regular jobs await affected workers at the service providers.

She added that none of the designated service providers are owned, in whole or in part, by Tan.

PAL representatives to the hearing were told by the committee to submit all documents pertaining to the service providers.

Hermosisima stressed that PAL incurred heavy losses in 2008 and 2009 prompting the restructuring that would allow the airline to become viable and competitive in the future. She stressed the spin off and outsourcing would not lead to contractualization as regular jobs await workers who were separated from PAL.

Sought for comment, Palea President and Partido ng Manggagawa Vice Chairman Gerry Rivera slammed the injunction saying that the court was misled by PAL into coming up with the TRO.

“PAL misled the court into issuing a TRO by concealing that the protest camp at the IFC arose out of an ongoing labor dispute. Although Judge Ramizo should have also exercised prudence since the labor row is a matter of public knowledge. Similar to the Supreme Court recall of the flights attendants’ case, PAL is using the justice system to cause injustice,” Rivera said.

At the same time, he said they will continue with the protest and the camp-out at the IFC which he likened to the Occupy Wall Street movement in New York.

PAL said it had started distributing separation pays equivalent to P2.6-billion in cash benefits to those affected by the outsourcing program.

The first batch to receive their separation checks were those who already transferred to PAL’s three service providers – SkyLogistics Philippines, SkyKitchen Philippines and SPi Global.

They lined up at five check distribution points – PAL HR office at the PNB head office in Pasay City; PAL Benefits office at Nichols; PAL Cargo; NAIA Terminal 2 and PAL Cebu.

Last Oct. 15, PAL started distributing another 1,500 checks for the second batch – those who refused to accept jobs at the service providers but did not participate in the September 27 work stoppage at the NAIA Terminal 2. The whole distribution process could take about a week.

The checks of those who staged the wildcat strike are on hold pending the employees’ final clearance.

“There are long queues at the PAL counters in PNB and other areas, but PAL’s Human Resources, Finance and Legal departments are doing their best to process all applicants for the day,” PAL spokesperson Cielo Villaluna said.

PAL’s HR department will hold for safekeeping any unclaimed checks of employees, all of whom are officially considered terminated as of October 1, 2011. PAL said hopes of rejoining the airline rather than its service providers are misplaced as the three departments where they used to work have been abolished. Mina Diaz, Daily Tribune