Thursday, August 19, 2010

Aquino threatens PAL, union with ‘open skies'

By Christine O. Avendaño
Philippine Daily Inquirer
First Posted 03:38:00 08/19/2010

MANILA, Philippines—Saying the interest of the greater riding public would be his top priority, President Benigno Aquino III Wednesday warned Philippine Airlines that the government would be forced to allot its flight schedules to other domestic and even foreign airlines in case a strike occurs in the flag carrier.

The President told a news conference his government has been studying the possibility of implementing an open skies policy or a “partial open sky policy” as the dispute between the airlines’ management and labor groups took a turn for the worse.

Government-mediated talks between management and the Flight Attendants and Stewards Association of the Philippines (FASAP) collapsed the other day and there was a possibility that other unions of the flag carrier, which have similar disputes with management, would participate in a strike vote.

At his second news conference since assuming the presidency, Mr. Aquino appealed anew to PAL management and labor unions to resolve their differences, reminding them that the airline was “imbued with national interest.”

President Aquino said he recognized that both sides had issues but stressed that he has to “side with the riding community.”

He said the Palace was studying the implementation of a partial open skies policy which was done during the late ’90s when PAL was also hit by a labor strike. The President said the Departments of Transportation and Communications as well as Tourism has been holding “preliminary talks” with other airlines that could “take up the slot” of PAL.

Asked whether that means the government would adopt an open-skies policy in case of a disruption of PAL services, President Aquino said: “Let me put it this way, they will hasten the opening of our skies if they proceed to disrupt a very necessary service to the country.”

An open-skies policy, favored by tourism industry officials, would deregulate air traffic and allow more airlines to service the Manila route. At present, government air traffic regulators grant service and landing rigths only to those airlines whose governments also allow Philippine flag-carriers to service their countries.

Lawmakers file bill protecting security of tenure of employees

August 19, 2010, 11:55am
Manila Bulletin

MANILA (PNA) — In view of the labor dispute between the Philippine Airlines (PAL) management and its labor union, lawmakers filed House Resolutions for the protection on the rights of employees.
Cagayan de Oro Rep. Rufus Rodriguez and Abante Mindanao party-list Rep. Maximo Rodriguez, Jr. have filed a bill protecting the security of tenure of employees.

The proposed measure expands the definition of regular employees to include those who have rendered at least one year of service, whether continuous or broken and whether or not the service is usually necessary or desirable in the usual trade/business of the employer.

"The PAL problem is based on the fact that usual and necessary positions in PAL are now being contractualized. We should protect our workers from being dismissed because they are given or made them contractual workers," said Rodriguez.

"You cannot prolong the contractualization if the position is usual and necessary in the course of business. But contractualization has been done in so many companies to save money for the employers," he said.

Under the law, Rodriguez said, a contractual employee can become regular after he/she has rendered six months of duty and become entitled to the privileges of regular employees.
But, he said, this has been circumvented.

On the other hand, Anakpawis party-list Rep. Rafael Mariano filed House Resolution No. 111, which seeks to investigate alleged PAL's threat to retrench more than 2,600 of its employees, claiming that their actions are valid exercise of a management prerogative.

"It is but proper and necessary to ensure that workers be protected from illegal retrenchments which are based merely on highly questionable claims of bankruptcy," said Mariano.

For Tarlac Rep. Susan Yap, she said that Congress must do its share and conduct hearings to get to the bottom of the problem.

"Our country has yet to recover from the losses experienced last year due to natural disasters. The country cannot afford this man-made disaster at this time," said Yap.

"We must find a quick solution to this dispute so as to address more losses that our economy may suffer. We must also look into possible measure that would help avoid these kinds of scenarios in the future. The government must step into the dispute because it already incurred, and continues to incur a negative impact in our tourism and national economy," she said.

Wednesday, August 18, 2010

No end to PAL row in sight

Wednesday, 18 August 2010 00:00
BY DARWIN G. AMOJELAR SENIOR REPORTER
THE MANILA TIMES

The second round of negotiations between the management and cabin crew of Philippine Airlines (PAL) to solve a labor dispute in the flag-carrier ended without any agreement reached on Tuesday. The outcome of the talks, according to Andy Ortega, the vice president of Flight Attendants and Stewards Association of the Philippines (Fasap), made them withdraw from future negotiations.

“We cant accept the ‘take it or leave it’ approach of the carrier,” he said.

According to Ortega, Fasap is set to file a notice of strike next week before the National Conciliation Management Board.

He said that all flight attendants will join the strike that could paralyze operations of PAL even if the flag-carrier will use its administrative staff to cover for the strikers.

PAL earlier said that it would deploy its administrative staff and other personnel to help in case of strikes and other emergencies.

It also would transfer its passengers to its domestic and international interline partners.

PAL has a total of 134 interline partners—12 airlines in Southeast Asia, 11 in the United States and Canada, 25 in Europe, 12 in the Middle East, three in Japan and 10 in China.

Ortega, however, warned that PAL would not be able to fill up the slots of the 1,600 flight attendants who will join the strike.

“I don’t think they can assure that there will be no PAL passengers who will be displaced,” he said.
In a statement, PAL said that there were no “significant breakthroughs” in Tuesday’s meeting.

No change
During the meeting, the flag-carrier maintained its P80-million offer to the cabin crew union, saying that the company cannot give more because of its current financial difficulties.

PAL management also insisted on limiting talks to the economic aspect of the Collective Bargaining Agreement (CBA) to put closure to its 2005 to 2010 agreements with Fasap.

The flag-carrier wants the early retirement issue to be discussed during the next CBA covering the years 2010 to 2015. It is not until 2018 that the early retirement provision will affect any cabin crew.

Jaime Bautista, the president of PAL, was unable to attend the conciliation meeting at the National Conciliation and Mediation Board since he was not feeling well.

PAL was represented by its lawyers and some executives from the Human Resources Department.

Ortega said that Fasap will no longer sign any CBA unless the issue on retirement age is resolved.

PAL flight attendants’ compulsory retirement age is as early as 40 years old compared to other employees who are allowed to work until they are 65, while pilots should retire by age 60.

Ortega said that Fasap is still open to meeting with them if they address the issue on retirement age and if the flag-carrier raises its offer.

On the early retirement age issue, PAL said that the company should not take the blame for a CBA provision that Fasap leaders had approved.

Officers of the cabin crew union signed the CBA containing the provision setting an early retirement age three times.

The flag-carrier is struggling from the abrupt departure last month of 25 pilots for higher-paying jobs abroad.

PAL recorded a net loss of $14.3 million in its previous fiscal year to March 2010.

The pilot shortage, which remains unresolved, caused PAL to axe some flights.

President Benigno Aquino 3rd’s spokesman said that the government would remain involved in efforts to head off the strike.
WITH REPORT FROM AFP

PAL talks collapse; flight crew, ground staff to strike

by Jeremiah F. de Guzman and Eric Apolonio
August 18, 2010
ManilaStandardToday

PHILIPPINE Airlines’ cabin crew said they would strike in two weeks after talks with the management collapsed Tuesday.

“We withdrew from the negotiations because, in the past 10 months, nothing was happening,” said Andy Ortega, vice president of the Flight Attendants and Stewards Association of the Philippines.
“We will go on strike to get what we deserve.”


His group, representing about 1,600 flight attendants and stewards, would no longer sign a collective bargaining agreement or agree to any more meetings unless their demand to raise the mandatory retirement age of 40 was taken up, and a “reasonable” salary increase was offered, Ortega said in a telephone interview.

The union says the retirement age is discriminatory, since ground crew can work until age 65.
Ortega said his group would file a notice of strike this week.

Another union, the PAL Employees Association, comprising the carrier’s ground employees, has already filed a notice of strike with the Labor Department over the company’s plan to spin off its non-core units and retire 2,600 employees.

Before the talks collapsed, the management had offered a one-time, P80-million package to the cabin crew to settle their collective bargaining agreement for 2005 to 2010. The union rejected the offer.
The management said the talks on the retirement age should be taken up in negotiations for the next collective bargaining agreement, which covered the years 2010 to 2015.

“It’s not until 2018, or eight years from now, that the early-retirement provision will affect any cabin crew,” the management said in a statement.

Earlier, the Lucio Tan-owned airline said it would deploy administrative staff to fill the posts vacated by any striking workers. Passengers may also be transferred to PAL’s 134 partner airlines in case of any flight disruptions.

Earlier this month, Philippine Airlines canceled at least 11 flights after 25 pilots quit to join other carriers.

Labor officials on Tuesday called on the cabin crew to consider the inconvenience that PAL customers would suffer if they struck.

Labor Secretary Rosalinda

Baldoz said there was more than enough time to discuss the retirement age.
PAL president and chief operating officer Jaime Bautista failed to attend Tuesday’s talks because he was ill. The airline was represented by lawyers and executives from its personnel department.
Some union members who spoke on condition of anonymity said they were worried about striking.
“Just don’t name us, but not all of the workers agree to go on strike for economic and financial reasons,” one told the Manila Standard.

“I respect our union leaders, but I’m sure a lot of my co-workers are afraid of what could happen if they made good their threat to strike. What if PAL closes?

Another employee said the management and the different unions should settle their differences like family members instead of quarreling.

“When we fight among ourselves, we make the competition very happy,” he said. With Vito Barcelo

PAL labor turbulence continues; strike looms

By Philip Tubeza, Jocelyn R. Uy
Philippine Daily Inquirer
First Posted 02:39:00 08/18/2010

MANILA, Philippines—After the griping pilots come the strike-bound flight attendants and the rest of the airline’s workforce.

Attempts to fly through a turbulence of labor woes at Philippine Airlines (PAL), the country’s flag carrier, failed Tuesday as government-mediated talks between management and the Flight Attendants and Stewards Association of the Philippines (Fasap) collapsed.

Robert Anduiza, Fasap president, said the union was taking the “final option” of going on strike after PAL refused to change its “unfair” policies on mandatory retirement age and on maternity and pregnancy leaves. Fasap has 1,600 members.

The Philippine Airlines Employees’ Association (Palea) said it was seriously considering holding a joint strike with Fasap and the Association of Airline Pilots in the Philippines (Alpap) to bolster the group’s stand in its own dispute with the company over the outsourcing of services.
Palea boasts of 3,700 members, while Alpap has 400.

Early this month, several PAL pilots suddenly resigned over low salaries, forcing the airline to delay or cancel some of its domestic flights. Hundreds of passengers were left stranded at airports.
Gender discrimination

Fasap is asking PAL officials to reconsider its policy of forcing female workers hired after 2000 to retire when they reach the age of 40 while those who began working for PAL after 1996 are forced to retire at the age of 45.

Fasap denounced as “gender discrimination” the airline’s policy that bars a pregnant flight attendant from receiving any salary or allowance, as well as travel benefits, while she is on leave.
Fasap withdrew from the talks held at the National Conciliation and Mediation Board (NCMB) at around noon Tuesday.

Anduiza said he and his officers would later hold an “emergency meeting” to decide when they would file the notice of strike.

“We no longer see any point in continuing with it. After more than 10 meetings, PAL hasn’t budged on our requests,” Anduiza said.

Negotiations have dragged since their last collective bargaining agreement (CBA) expired in 2007, he said.

During Tuesday’s meeting, PAL officials reiterated their offer of an P80-million package to settle its CBA with the union for 2005-2010 and that the retirement age and other issues be discussed in the next bargaining for 2010-2015.

After Fasap manifested that it was pulling out from the talks, the labor mediator declared that the preventive mediation case between PAL and Fasap was deemed withdrawn.

“So, we are pushing through with the option of going on strike. It’s our final option,” Anduiza said.

A question of faith

The company’s “hardline” stance on the mandatory retirement age indicates “bad faith,” Anduiza said, noting that “it has previously manifested in writing its erstwhile willingness to negotiate changes.”
He said the management did not even “offer reasons” as to why these “primordial issues should not be immediately addressed.” Even PAL president Jaime Bautista “did not show up (at Tuesday’s) very crucial meeting, so there’s no use.”

But the union president said that “Fasap would be willing to resume negotiations with the PAL management anytime if (the negotiations) would be conducted in good faith and in a reasonable and fair manner.”

Anduiza suggested that Fasap’s “scaled-down” CBA proposal filed on June 5, 2009, should be the “basis for honest-to-goodness negotiations.”

Gerry Rivera, Palea president, Tuesday said his group was already closely coordinating with Fasap and Alpap for a possible massive strike. “We are open to the idea [of a joint strike] if only to make the move more effective,” he said.

“We are closely coordinating with the two unions, although Alpap is no longer recognized as a labor union by PAL,” Rivera told a forum sponsored by the Catholic Media Network in Manila.
Alpap, composed of Filipino pilots working in the country and abroad, used to be a PAL labor union before being booted out some 10 years ago.

In June 1998, some 600 Alpap members went on strike to protest a management policy of retiring pilots who have reached 20 years of service or have flown 20,000 hours, regardless of age.
Spin-off proposal

Rivera warned the management that Palea would immediately launch the strike and cripple airline operations if it pushed through with its plan to dismiss 2,600 workers to give way to a proposed spin-off.

“We will not wait a minute longer, we will declare a strike if they push through the termination of these workers,” he said.

Anduiza urged Labor Secretary Rosalinda Baldoz, should she take jurisdiction over the labor dispute to prevent a strike, to come up with a proposal “that is not one-sided but will also consider the workers’ needs.”

Malacañang Tuesday said Baldoz “is on top of it. Right now, it’s being handled on her level.”
Transportation Secretary Jose de Jesus “is also involved,” Presidential Communication Development and Strategic Planning Secretary Ricky Carandang said. With reports from Christine O. Avendaño and Inquirer Research

PAL employees pull out of mediation, threaten to go on strike

By Mayen Jaymalin (The Philippine Star) Updated August 18, 2010 12:00 AM

MANILA, Philippines - Flight attendants and stewards of Philippine Airlines (PAL) threatened to go on strike within a month after pulling out of mediation with management at the Department of Labor and Employment (DOLE) yesterday.

Robert Anduiza, Flight Attendants and Stewards Association of the Philippines (FASAP) president, said they have asked the DOLE to allow them to go on strike and air their grievances.
Before going on strike, they would announce the work stoppage so as not to inconvenience the public, he added.

Anduiza said FASAP withdrew from the mediation after representatives of PAL management failed to show up.

“We are left with no choice but to resort to our last option to go on strike,” he said.
“PAL management have not come out with any new proposals to settle the collective bargaining deadlock, and they did not even attend the conciliation meeting.”

Anduiza said FASAP officials will immediately schedule a meeting with all their 1,600 members and set a date for the holding of a strike vote.

PAL’s hardline stance on the retirement age clearly showed “bad faith,” he added.
Anduiza said a majority or 90 percent of FASAP members have already backed a strike.
“We will file a notice of strike then wait for the 30-day cooling off period, and after that we could go on strike probably after a month,” he said.

Anduiza said PAL’s lawyers set aside the issue on the retirement age of flight attendants and reiterated their previous offer of P80 million lump sum for the remaining three years of the CBA.
“FASAP is constrained to withdraw from the talks because PAL adamantly refused to address the retirement and gender discrimination (issues) which are of utmost importance to us,” he said.
FASAP would only return to the negotiating table once PAL management agree on a “reasonable and fair” conduct of conciliation meeting, Anduiza said.

The National Conciliation and Mediation Board said the PAL-FASAP mediation petition was considered withdrawn after FASAP pulled out from the proceedings.

Some PAL flight attendants are worried about FASAP’s threat to go on strike following a breakdown of talks with management.

“Just don’t name us, but not all of the workers agree to go on strike,” a PAL flight attendant said in Filipino.

The unnamed flight attendant said that they represent a large but silent majority who want PAL’s labor problems to be resolved peacefully. – With Rudy Santos

Tuesday, August 17, 2010

Was PAL’s early exit from rehab premature?

Tuesday, 17 August 2010 00:00

BY DARWIN G. AMOJELAR SENIOR REPORTER
THE MANILA TIMES

THE present troubles of Philippine Airlines (PAL) come three years after Asia’s oldest carrier emerged from corporate rehabilitation proceedings—and exactly three years ahead of its scheduled exit.
When the Securities and Exchange Commission (SEC) approved its early exit from rehab in 2007, things were looking up for the flag-carrier.

Just the year before, PAL received a citation for Turnaround Airline of 2006 from the Center for Asia Pacific Aviation.

The airline could boast of three years of profitability starting 2005, culminating in record earnings of $140.3 million on the third year.

From $2.07 billion when it suspended payments in 1998, PAL had trimmed its debts to $869 million in 2007, when the airline asked the Permanent Rehabilitation Receiver to favorably endorse the carrier’s early exit from rehabilitation.

At the time it sought an early exit, PAL had signed restructuring agreements with 92 percent of all creditors, with the finalization of similar agreements with the Export-Import Bank of the United States and the Philippine government—both of which accounted for the remaining 8 percent of the airline’s liabilities—supposedly in the works.

Convinced of PAL’s success
In its recommendation to the SEC, the three-member receivership panel said it was “convinced that PAL has now successfully emerged from its financial distress.”

“[T]he case of PAL is truly a showcase to the entire Philippine business community of a successful implementation of a rehabilitation proceeding which is a key achievement not of the company alone but more so of the SEC,” the recommendation letter dated September 17, 2007 further read.

The receiver’s recommendation was signed by Renato Francisco as chairman, and Monico Jacob and Carlos Alindada as members.

The Manila Times tried but failed to get the panel members to comment on PAL’s present difficulties for the record.

In its order approving PAL’s early exit from rehab, the SEC adopted lock-stock-and-barrel the airline’s three-year income and cash-flow projections.

To wit, the airline had claimed that it would likely earn $ 32.32 in 2008, $ 26.86 million in 2009 and $ 47.41 million in 2010. Furthermore, the carrier had expected to enjoy net cash of $299 million in 2008, $295 million in 2009 and $274.8 million in 2010.

This even as the SEC had noted in its order that PAL’s 2007 financial results included an “extraordinary income” of $100 million.

The early exit from rehab was approved notwithstanding a caveat from the receiver that PAL incurred losses during its fiscal years 2001 to 2002 and 2003 to 2004 on account of a global slowdown in the aviation industry brought about by the 9-11 terrorist attack and the Severe Acute Respiratory Syndrome (SARS) epidemic for those two periods.

In short, PAL’s fortunes were tied in to that of the external economic environment.

The SEC approved PAL’s early exit from rehab on September 28, 2007, or 14 days after the receiver filed its recommendation letter.

Signatories to the SEC order were its chairperson Fe Barin, and commission members Maria Juanita Cueto, Raul Palabrica, Thaddeus Venturanza and the late Jesus Enrique Martinez.

On road to profitability
But an industry source said PAL was on the road to profitability when it exited from rehabilitation in 2007.

“But it was not sustained because of the global economic crisis and higher fuel prices,” the source said.

Still one can’t help but compare PAL with its closest domestic rival, Cebu Pacific, which has grown 31.3 percent and 18.4 percent during the crisis years of 2008 to 2009.

Last year, Cebu Pacific was in the black at P3.26 billion, a complete turnaround from the previous year’s net loss of P3.26 billion.

Its revenues increased 18.4 percent to P23.31 billion from P19.68 billion in 2008.

In 2010, the company’s revenues are projected to grow 30 percent.

All over the world, low-cost carriers (LCCs) are doing well compared to legacy carriers, even during difficult economic situations, Candice Iyog, Cebu Pacific vice president for marketing said.

“At Cebu Pacific, we are able to reduce our seat mile cost to roughly 40 percent less than legacy carriers by maximizing seat configuration, aircraft utilization, seat load factor, and state-of-the-art technology. We also do away with costs that passengers do not want to pay for,” Iyog said.

Because of these, Cebu Pacific offers the traveling public much lower fares, which in turn stimulates the travel market, she said.

“The business model of an LCC is a critical factor in the success of Cebu Pacific. This is why we will continue to maintain this business model as we expand and enter new markets,” she said.

Because of Cebu Pacific’s much lower cost base, Iyog said its operating margins are amongst the best in the world, and substantially better than local competitors that continue to run high-cost business models.

3 years not a long time
While he didn’t discount the possibility of mismanagement, Jun Calaycay of Accord Capital Equities said it was too soon to tell because the airline left rehabilitation only three years ago.

“In business cycles, three years is not a long time to really say that management is not being effective or not,” he said.

Another source familiar with PAL’s rehabilitation case agreed: “It’s basically the environment, it ahs nothing to do with the management.”

The source said PAL has complied with the requirements of SEC for an early exit from rehab, including good performance, compliance with the rehabilitation program and payment of debts.

Jaime Bautista, PAL president, insists the airline’s exit from rehab was not premature.

“We were really hit by the crisis after we got out of rehab,” he said, adding that the company is complying with the rehabilitation plan despite its failure to meet its profit targets.

“The important thing is you were able to pay your obligations,” the executive said.

In June, PAL paid $46 million in maturing debts on top of the $10 million that the flag-carrier has been paying every month.

The 69- year-old airline still has about $1 billion in liabilities, down from $2.12 billion in 1999 when it entered corporate receivership.

Labor is next problem
Industry players claim PAL is likewise taking a hit, ironically from the global recovery.

“The airline industry is picking up that’s why everybody is expanding. Everybody is ordering aircraft, they have to be able to secure pilots and mechanics,” an industry source said.

The source said PAL’s problem with its pilots, 26 of whom have left for greener pastures abroad, is a sign that the global aviation industry is recovering.

Giovanni Bisignani, director general of International Air Transport Association (IATA) said the next risk of the airline industry is labor.

“We cannot pay salary increases with our $47 billion in losses. Pilots and crew must come down to earth and strikes at this time are shortsighted nonsense. Labor needs to stop picketing and cooperate,” Bisigani said.

As this went to press, the Flight Attendants and Stewards Association of the Philippines (FASAP) and the PAL Employees Association (PALEA) have dug in their heels, with plans of holding a strike to force management to give in to their demands of higher pay and the removal of a new policy on compulsory retirement based on age.