KMU-Cordillera Condemns
Termination of Shipside Employees
On August 27, 2008,
the Department of Labor and Employment-Cordillera Administrative
Region (DOLE-CAR), finally granted the long awaited decision regarding
the Petition for Certification Election by the Shipside, Incorporated
Employees Union-National Federation of Labor Unions -Kilkusang Mayo
Uno (SEU-NAFLU-KMU).
Both the representatives of the Union and Management
agreed upon that the election proper will set on the 10th day of
September 2008 and the preliminary conference regarding the election
proper will be on the 2nd day of September, 2008.
The decision in favour to the employees of the Shipside,
Incorporated gave hope to the workers for a just living salary and
benefits, security of tenure, and recognition of their rights and
welfare.
However, as the SEU-NAFLU-KMU officers and members
were preparing for the Consent Election on Sept. 10, 2008, the management
of the Shipside, Incorporated coercedly and illegally terminated
the duly elected seven (7) Executive officers and five (5) Board
of Directors and more or less thirty (30) members. They forced them
to accept and sign the termination letter issued to them against
their will.
This is a clear manifestation of Unfair Labor Practice
(ULP) or Union Busting by the Shipside, Incorporated. Art. 248 of
the Labor Code states "To interfere with, restrain and or coerce
employees in the exercise of their right to Self-Organization",
and Art. 263 of the Labor Code that says "Illegal dismissal
of Union Officers duly elected in accordance with the union's Constitution
and By-laws."
We,the SEU-NAFLU-KMU together with the NAFLU-KMU
Mankayan and Cordillera strongly condemn the management of the Shipside,
Incorporated on the following grounds:
That on August 30-31', 2008, the company issued
a letter and/or waiver to the officers and members of the SEU-NAFLU-KMU
stating in ilocano " Siak ____________ chapa No._________position
____________ nga empleado ti Shipside Incorporated LMD-UG ket haan
nga pabor ti bokboklen dagiti kakadua nga union ket kayat co pay
nga agtrabaho ti Shipside Incorpotated LMD-UG Mining Contract, nu
panagbubutos nu September 10, 2008, iti Certification of Election
ket isurat ko ti union". This is a violation of Art. 248 of
the Labor Code interference of the worker's right to self-organization
as mandated also in the Phil. Constitution.
That on August 30-31, 2008, the Company forcedly
issued a termination letter to those who refuse to accept and sign
the letter and/or waiver stated above;
That the employees of the SHIPSIDE INCORPORATED had signed a three
month (3) contract to the company from August - October 2008, and
while the contract has not been finish the company terminated its
employees with no due reason.
These desperate moves of the management to stop
us in our long-awaited Certification Election are blatant suppression
to assert our rights to self organization, security of tenure and
just living wage.
Furthermore, we strongly condemn the State Policy of Labor Only
Contracting, curtailing our legitimate and democratic rights as
workers to Security of Tenure.
Yes to Union. Yes to the regularization of all Shipside
Incorporated employees. Stop Union Busting. Advance genuine Trade
Unionism. Assert our rights to just and living wage, security of
tenure and self organization. We also call on our fellow mining
workers and workers in the Cordillera to support us in this struggle.
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