Thursday, 09 September 2010 13:19 S.D. Fabunan & L. Lectura
BusinessMirror
THE Flight Attendants’ and Stewards’ Association of the Philippines (Fasap), the cabin-crew union of Philippine Airlines (PAL), filed on Thursday a notice of strike at the Department of Labor and Employment.
In a press conference, union president Bob Anduiza said the 1,600-member union will stop working by the end of October or beginning of November. “We will announce in the future the dates of the actual strike.”
Fasap vice president Andy Ortega said the strike can last one day, one week or more, depending on how their message comes across the public and the flag carrier. They will not only mobilize in the streets but they will use different strategies, like going on-air or any means, for their sentiments to be expressed, he added.
PAL management said the flag carrier will continue to service its domestic and international routes despite the notice of strike filed by its cabin crew union.
In a statement, PAL said an actual strike does not happen overnight and could take several weeks or even months. “There is no immediate work stoppage due to the union’s filing of a strike notice,” said PAL spokesman Cielo Villaluna.
Under the law, parties have a cooling-off period, ranging from two to four weeks, after the filing of a notice of strike, during which the Labor secretary will continue to mediate and find a compromise settlement. It is also within the Labor secretary’s authority to issue an assumption order to prevent any work in critical public utilities like PAL.
Villaluna said the filing of the notice of strike “signals a legal process by which the two parties, with guidance from the Labor department, would find ways of striking a balance between what the union wants and what management can afford and is prepared to give.”
Nonetheless, PAL assured its passengers that airline operations remain normal and all flights are operating as scheduled “We are saddened by the union’s decision, but we recognize their right to file a notice of strike,” Villaluna said.
The notice of strike, she rued, is ill-timed, as it would scare away tourists and cause further damage to the flag carrier’s fragile finances. “A strike threat doesn’t help in efforts to lure back tourists to the country,” she said, adding that thousands of Hong Kong and Chinese tourists have canceled their forward bookings in the aftermath of the Rizal Park hostage tragedy.
Fasap’s claim of being overworked and underpaid was disputed by PAL. “PAL’s cabin attendants receive an average gross monthly salary ranging from P30,000 to 80,000. They also enjoy enviable rest periods.”
On age and gender discrimination, Villaluna said the early retirement age is part of the negotiated CBA (collective bargaining agreement) that Fasap leaders signed on two separate dates. “They complain of alleged inequity of early-retirement provisions, when in fact the older batch of Fasap members, including the union leaders themselves, have been receiving and enjoying financial benefits in exchange for the younger retirement age of their colleagues,” Villaluna stressed.
On the claim that PAL discourages pregnancy among cabin attendants, Villaluna said at least 65 cabin attendants went on maternity leave last year. “All of them received maternity benefits in accordance with the Labor Code and the CBA. PAL even advanced P30,000 in SSS [Social Security Systems] benefits before they gave birth,” she said.
She added that pregnant cabin crew—upon diagnosis by PAL physicians that they are on the family way—are prevented from taking flight assignments to protect both mother and child. “The first trimester of pregnancy is critical for the child’s brain development. The thin-air environment inside the airplane cabin exposes the fetus to possible congenital abnormalities.”
The rule that pregnant cabin attendants are not paid from the time they have exhausted their vacation leaves until they give birth is consistent with the “no work, no pay” principle, which applies even to ground staff, Villaluna said. Conversely, the same cabin crew earn more if they log more flying hours in line with the “more work for more pay” policy adopted by both Fasap and the PAL management.
The union’s Anduiza, however, told the press: “We have exhausted the negotiating process, and after countless mediation hearings, PAL remains unmoved and refuses to negotiate in good faith. Our demand is very simple, give us better compensation that are?given to other employees of PAL and for the management to address the age- and gender-discrimination issue but all our pleas fell on deaf ears,” said Anduiza.
“[We are looking at] a two-day strike, go back to flying. If they still do not listen, then one more strike. Once we declare a strike, no flight could take off,” added the union leader.
“Despite numerous promises and formal commitments during the preventive mediation hearings at the Department of Labor and Employment to address the retirement age and economic issues in the CBA, PAL has failed and refused to do so,” continued Anduiza.
In PAL, Anduiza said, the other employees are allowed to work until 65 years old, while the pilots’ compulsory retirement age for both men and women is 60 years old and for flight attendants, the compulsory retirement age is as young as 40 years old.
Aside from the early-retirement issue, they also object to the flag carrier’s policy on pregnancy and maternity leave where, they claimed, women who get pregnant are placed on pregnancy leave without pay until she gives birth and return to work. Not only that, the pregnancy leave without pay, which normally lasts almost a year, is also deducted from the flight attendant’s “years of service record.”
Ortega said only a fair and just proposal will avert their planned strike. “We strongly believe that our issues are simple. If management will just show proof of good faith and sit down with us, I think we could avert that strike. Nobody wanted that in the first place. In fact, we waited for three years. We are very reasonable. We gave them enough time.” ?
?Baldoz: work stoppage remote
Meanwhile, Labor Secretary Rosalinda Baldoz said a work stoppage at PAL is highly remote despite the filing of the notice of strike. “A strike at PAL is a very remote possibility at this time, considering that both parties are still open and willing to sit down again and come out with a settlement.”
Baldoz noted that upon filing of notice of strike, workers must observe a 30-day cooling-off period, during which workers and management are not allowed to resort to excessive measures. “We are going to maximize the 30-day cooling-off period and work out a settlement between the PAL management and Fasap, so I think that we are still going toward the direction of a possible settlement.” ?
She added that with that possibility still down the line, assuming jurisdiction over the PAL-Fasap dispute is farthest from her mind at this time.
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