Fasap Says They are Not Forum Shopping

September 23, 2010, 11:51am
Manila Bulletin

MANILA, Philippines (PNA) — The flight crew union of the Philippine Airlines (PAL) said they are not forum shopping when they filed a case before the Commission on Human Rights (CHR) last week.

“FASAP is not forum shopping. It is fighting for its human rights. The proceedings before the Department of Labor and Employment (DoLE) are neither judicial nor quasi-judicial in nature. It is a mere notice of FASAP's intention to go on strike.

"Likewise, the letter to the CHR is not an initiation of a judicial or quasi-judicial action that would render FASAP liable for forum shopping,” said the Flight Attendants and Stewards Association of the Philippines (FASAP) in a statement.

The group issued the statement in reaction on the statement of PAL management that they seeking other venue for their demands.

“PAL is once again evading the issues. It should answer why they are insisting on its unreasonable retirement policy. Again, that is the question,” they said.

They added that the Philippine Commission on Women has already denoulnced PAL's blatant acts of discrimination against its flight attendants while CHR chairperson Etta Rosales has already aired her views about the obvious violations of PAL on age and gender discrimination.

In a related development, PAL spokesperson Jonathan Gesmundo said the management maintains that the best venue to discuss all labor-related issues including the retirement age fall within the ambit and jurisdiction of the labor department.

He added since the retirement age can be set by agreement, it is PAL's position that the retirement age of its cabin crew as contained in its CBA with FASAP is valid and legal. It maybe subject to negotiation but it is certainly not illegal nor immoral as FASAP suggests.

“Nobody is forcing FASAP members to retire at 40. It is simply contained in the contract that FASAP signed in 1996 and 2000.

"Since FASAP feels it is unfair, the current conciliation meetings in DOLE is the proper venue to resolve it. Bringing the issue to the Commission on Human Rights, the streets or any other venue, to our mind, is simple forum shopping,” Gesmundo added.

With this, the PAL management advised the union to respect the DOLE and should not seek other venues to seek redress as they are the ones who brought the issues of unfair labor practices before the labor department.

Meanwhile, PAL ground crew union asks the DOLE to declare the planned retrenchment of some 3,000 workers as illegal and to find PAL guilty of unfair labor practice.

The call is contained in the comments that Philippine Airlines Employees’ Association (PALEA) submitted to Secretary Rosalinda Baldoz last September 14.

“On the basis of documents obtained from PAL, it is crystal clear that the financial position of the company does not warrant the retrenchment of some 3,000 union members, and that the company contracted out the services performed by these regular employees contrary to the collective bargaining agreement (CBA) between PAL and PALEA,” argued Gerry Rivera, PALEA president and vice chair of the Partido ng Manggagawa.

The office of the Labor Secretary has assumed jurisdiction of the PAL-PALEA dispute since April 23 in view of a notice of strike filed last January.

PALEA has a pending motion of reconsideration to the so-called “midnight decision” allowing PAL to proceed with the layoff that was issued by then Acting Labor Secretary Romeo Lagman in June 15.