Union members say PAL strike vote illegal

Malaya
December 15, 2010

After the secretary of labor issued an order telling the members of the Philippine Airlines Employees Association that they are entitled to P2.5 billion in retirement benefits, the leaders of the workers appealed to Malacanang.

They claimed they are being illegally separated from the service.

Union members are back to the President. This time, Egardo C. Oredina, former PALEA president; Romeo R. Sauler, former vice president; and Roberto Ramos, Lina Marcelo and Alfredo Espiritu are requesting President Aquino to authenticate the strike vote taken on December 7.

The complainants told the President they are "dues paying members of PALEA and employees of Philippine Airlines."

The five union members (there are six, including Martin Samson who failed to sign the request because he was allegedly sick) said "it appears that the decision to hold the strike vote, if ever one was made, was exercised only by the current PALEA president (Gerry Rivera). Thus, no genuine decision was made by the current board, the policy making body of the union, on the vote."
"(Moreover), no DOLE (Department of Labor and Employment) observers were present to supervise the conduct of the strike vote. The current PALEA president notified the DOLE only on Monday, Dec. 6, a day before the strike vote was conducted," they said.

Nevertheless, the complainants told the President, "This motion is not intended to stop the conduct of any strike that the union may hold, however, that it is based on just and reasonable grounds and conformably to the legal requirements."

The complainants explained that the request or motion is intended to protect and safeguard the welfare of "our members to obviate the strong likelihood that they would unknowingly participate in the conduct of an illegal strike which would result in the forfeiture of their benefits and loss of their employment."

The complainants further told the Chief Executive that "the results of the strike vote will certainly impact on the continued employment of PAL employees as well as their families welfare."
"Considering the exaggerated claims of the current PALEA president Gerardo Rivera that 84 per cent of PAL employees have voted in favor of holding the strike and that he himself has declared that the holding of the strike will be on December 16, it is urgently necessary that the strike vote be authenticated as this is a key requirement prior to the holding of a strike," they said.

In their motion or request submitted to President Aquino on Dec. 13, they said: "A strike vote is a major activity that requires the approval of the board of directors. Hence, it is doubly important that in the ballot there should appear a reference to the board resolution authorizing the conduct of a strike vote."

"Unfortunately," they told President Aquino, "this does not appear in the ballot for the PALEA vote on Nov. 7, 2010"

On that voting, Rivera said the majority of the union members approved to call a strike.
However, they did not make good the threat.

Rivera called for another vote on Dec. 5 but without the approval of the board of directors, according to the complaint.

The five union members doubt that, apart from the lack of board decision to take a strike vote, the general membership is in full agreement with the threat to strike.

Rivera announced after the strike vote on Dec. 5 that 85 per cent of union members approved the strike which is supposed to be called tomorrow, Dec. l6.

They noted that the strike vote was taken after filing an appeal with President Aquino questioning the order of the secretary of labor.

In that order, Labor Secretary Rosalinda Baldoz ruled that PAL’s decision to outsource In-Flight Catering, Airport Services, and Call Center Reservations Operations is "lawful and reasonable."
Up to today, the complainants said, "Gerardo Rivera has not yet released the official results of the strike vote or (sic) submitted a copy thereof to the NCMB, DOLE or to the President."

This suggests that Rivera may not have told the truth when he said higher than 85 percent of the union members voted to call a strike.

The PAL dispute has taken many twists. Management stands pat on its position that it is absolutely necessary to spin-off the three non-core businesses as the only way to survive.

Management and many union members are confused over the alleged strike vote when the order of the secretary of labor is still on appeal with President Aquino.

Meanwhile, close to 400 union members are said to have approached management to say they are accepting the benefit package averaging P1 million for each employee to be retired.

They asked for advances and were given P50,000 each.

When this event reached the ears of Rivera, he charged management with individual bargaining which he said, amounts to union busting.

The alleged violation of the collective bargaining agreement and the labor laws (individual bargaining) forced Rivera to call for the strike vote now being questioned by five union members.

Some union members doubt whether the strike – if it is called at all – may be in accordance with law.
They explained that the secretary of labor has assumed jurisdiction over the dispute and has in fact settled it by issuing an order asking PAL to pay about 2,600 union members who will be retired but will receive total benefits of P2.5 billion.