Effect given to the recommendations of the committee and the Governing Body - Report No 305, November 1996

Case No 1826 (Philippines) - Complaint date: 27-MAR-95 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 54. During its last examination of this case in March 1996 (see 302nd Report, paras. 386-414), the Committee had urged the Government, inter alia, to take the appropriate steps immediately to ensure that a certification election was conducted at the Cebu Mitsumi Inc. in Danao City.
2. 55. In a communication dated 31 May 1996, the Trade Union Congress of the Philippines (TUCP) provided information concerning the non-implementation by the Government of the Committee's recommendations. In particular, the TUCP states that a certification election was set for 24-25 April 1996 but very few workers were able to cast their votes. According to the TUCP, the management of Cebu Mitsumi took over the control of the election proceedings by determining the place where voting would take place, the number of workers who were allowed to vote at a given time and the manner in which the voting would be conducted. Out of a list of eligible voters equalling approximately 9,000 workers, only 300 chosen by the management were actually able to vote on the first day of the certification election and the same again the following day. The TUCP transmitted copies of worker affidavits testifying that management sent them home on the day prior to the election indicating that the 24th and 25th were "forced leave days". The TUCP adds that on the second day, about 100 "goons" of Cebu Mitsumi swarmed the entrance gate and drove away company employees waiting to vote. Given these circumstances, the Associated Labor Unions (ALU) - TUCP representatives moved for the suspension of the certification election proceedings and were harassed by the company goons as they left the premises for their safety. The Department of Labor and Employment (DOLE) and the management of Cebu Mitsumi, however, continued with the election despite the absence of union representatives. ALU-TUCP has brought the matter to the attention of the Secretary of Labor and Employment for immediate and appropriate action.
3. 56. The Committee takes note of this information. It deeply regrets that the Government has not replied to the allegations made by the TUCP. It urges the Government to establish immediately an independent investigation into the conduct of the April 1996 certification election at Cebu Mitsumi and to keep the Committee informed of the findings and, if the allegations prove to be true, to take the necessary measures to ensure a new certification election with all the assurances of impartiality and non-interference. The Government is requested to keep the Committee informed in this regard.