Interim Report - Report No 139, 1974

Case No 652 (Philippines) - Complaint date: 17-DEC-70 - Closed

1. 423. This case was examined previously by the Committee at its 58th Session (May 1971) and its 61st Session (May 1972), on each of which occasions it submitted an interim report to the Governing Body (see the 125th Report of the Committee, paragraphs 60 to 65, and the 131st Report, paragraphs 149 to 155).
2. 424. The Philippines has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 67), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 425. In its first report on this case the Committee recommended the Governing Body to request the Government to supply information regarding the exact reasons which the management of Philippine Airlines (PAL) claimed to have justified the dismissal of Captain Felix Gaston, President of the Airline Pilots' Association of the Philippines (ALPAP). The Government was also requested to supply information on the result of the proceedings which the Government stated were pending before the Court of Industrial Relations concerning the dispute between PAL and ALPAP.
2. 426. In its latest report on the case the Committee noted that Captain Gaston had filed an individual petition for reinstatement with the Court of Industrial Relations. It recommended the Governing Body to request the Government to keep it fully informed as to the outcome of the proceedings before the Court of Industrial Relations, and to supply copies of any judgement given, together with the reasons therefor.
3. 427. By a communication dated 10 April 1973 the Government transmitted a copy of a letter dated 29 March 1973 and certain other information addressed to it by the Acting Presiding Judge of the Court of Industrial Relations.
4. 428. From the information and documents filed with the Court supplied by the Government, it appears that, although various procedural developments have taken place in the case concerning the petition for the reinstatement of Captain Gaston, the case itself is still being heard and a final decision has not yet been reached. No information is supplied concerning the other matters in dispute between PAL and ALPAP which the Committee previously noted were before the Court of Industrial Relations.
5. 429. According to one of the documents filed with the Court by the management of PAL on 29 October 1970, a copy of which document is now supplied by the Government, Captain Gaston is alleged to have been dismissed, with effect from 23 October 1970, for "having continued to defy the clear and unequivocal order of the Court of Industrial Relations dated 7 October 1970, as confirmed and affirmed on 10 October 1970 and 21 October 1970, among others, as shown by his failure, without justifiable cause, to report for flight assignment on 23 October 1970, when other pilots had already reported for their flight assignments, adversely affecting the crew schedule assignments ..."

The Committee's recommendations

1. 430. Having taken note of the information supplied by the Government and of the interim report of the Court of Industrial Relations concerning the petition for the reinstatement of Captain Gaston, the Committee recommends the Governing Body:
   • (a) to take note of the reasons which the management of PAL claim to have justified the dismissal of Captain Gaston;
   • (b) to request the Government to transmit the final judgement of the Court of Industrial Relations in the case concerning Captain Gaston, as soon as this is available, together with the grounds adduced therefor;
   • (c) to request the Government to keep it informed concerning the proceedings in the Court of Industrial Relations on the other matters in dispute between PAL and ALPAP, and to supply copies of any judgement reached, together with the grounds adduced therefor; and
   • (d) to take note of this interim report, it being understood that the Committee will submit a further report when it has received the information referred to in subparagraphs (b) and (c) above.