Interim Report - Report No 131, 1972

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

1. 149. This case was examined by the Committee at its 58th Session (May 1971) when it submitted to the Governing Body an interim report, which is contained in paragraphs 60 to 65 of the Committee's 125th Report.
2. 150. The Philippines has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and also the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 151. In its previous report on this case the Committee recommended the Governing Body to request the Government to supply further information regarding the exact reasons which the management of the Philippine Airlines (PAL) claimed to have justified the dismissal of Captain Gaston, President of the Airline Pilots' Association of the Philippines (ALPAP), and the result of the proceedings which the Government stated were pending before the Court of Industrial Relations concerning the dispute between PAL and ALPAP (paragraph 65 of the 125th Report).
2. 152. In a communication dated 22 February 1972 addressed direct to the ILO the Government transmitted further information in connection with the matter.
3. 153. In this communication, the Government states that the principal case filed by the ALPAP with the Court of Industrial Relations (Case No. 101-IPA(B)) by virtue of section 17 of the Industrial Peace Act involves a demand for increased wages and the filipinisation of pilots on the Manila-Karachi-Amsterdam route.
4. 154. The Government explains that, whereas the issue of the Karachi route was heard by the court early in the case, several other incidental aspects of the case, namely the claims by certain groups of pilots for reinstatement with seniority and privileges and also the petition filed by Captain Gaston for reinstatement, are still pending before the court. The reason for this, states the Government, is that the parties have chosen not to adduce evidence as yet concerning the reasons for the strike which took place on 3 October 1970.

155. The Committee takes note of the information supplied by the Government, and observes, in particular, that Captain Gaston has filed an individual petition for reinstatement to the Court of Industrial Relations. The Committee, however, also notes that the Government supplies no information regarding the exact reasons which the management of PAL claims to have justified the dismissal of Captain Gaston. In accordance with the practice followed by the Committee in cases in which pending proceedings might make available information of assistance to it in appreciating whether or not allegations were well founded, the Committee recommends 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, and meanwhile to postpone examination of the case.