Effect given to the recommendations of the committee and the Governing Body - Report No 329, November 2002

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

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

1. 126. The Committee last examined this case at its March 2002 session [327th Report, paras. 98?100], which concerns lengthy delays and several postponements of the trade union certification election (first requested in February 1994) at Cebu Mitsumi Inc., in the Danao export processing zone. On that occasion, the Committee had noted the Government’s communication indicating that the certification dispute was submitted to a mediator-arbitrator, who was supposed to resolve the issue before 31 January 2002. In view of the lengthy delays, the Committee expressed the firm hope that the mediator?arbitrator would issue very shortly a decision fully taking into account freedom of association principles. It requested the Government to provide it with a copy of that decision, and to keep it informed of developments. The Committee requested once again the Government to provide information on the suspension of Mr. Ulalan, president of the Cebu Mitsumi Employees’ Union, and on steps taken with a view to establishing legislative framework allowing for a fair and speedy certification procedure, providing adequate protection against acts of interference by employers in such matters.
2. 127. In its communication of 20 May 2002, the Government indicates that on 3 April 2002, the mediator-arbitrator has ruled that certification election at Cebu Mitsumi was a failure, as the total number of valid votes cast in the 4 May certification election was less than the majority of all eligible employees in the bargaining unit. In addition, the Government informs that the counsel for the petitioner (Cebu Mitsumi Inc. Employees Union) has filed a Memorandum of Appeal, while the counsel for respondent (Mitsumi Inc.) has filed its reply Memorandum of Appeal, and that all records of the case have been endorsed to the Labor and Employment Secretary on 7 May 2002, for review and resolution.
3. 128. The Committee takes note of this information. The Committee expresses its deep regret that the question of trade union certification at Cebu Mitsumi has not yet been resolved, despite the fact that it first examined this question over seven years ago. It urges the Government to expedite the proceedings concerning the Appeal of the mediator-arbitrator’s decision on the certification election at Mitsumi, and hopes that the decision will be compatible with freedom of association principles. With regard to the other issues concerning this case, the Committee regrets that, once again, the Government has not provided any information and requests it to provide information on the suspension of Mr. Ulalan and on steps taken with a view to establishing a legislative framework allowing for a fair and speedy certification process, providing adequate protection against acts of interference by employers in such matters.