Effect given to the recommendations of the committee and the Governing Body - Report No 327, March 2002

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

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

1. 98. The Committee last examined this case, which concerns the exercise of trade union rights in the Danao Export Processing Zone and more particularly a certification election at Cebu Mitsumi Inc., at its November 2001 session [326th Report, paras. 136-139]. On that occasion, the Committee had noted with regret that the certification election, when it finally took place after lengthy delays and several postponements, was marred by a number of irregularities, which led the Government to submit the case to a mediator-arbiter for “appropriate action”. The Committee expressed the firm hope that the mediator-arbiter would rapidly issue a decision compatible with freedom of association principles, and requested the Government and the complainant to keep it informed of developments. The Committee further reiterated its request that the Government reconsider the relevant provisions, with a view to establishing a legislative framework allowing for a fair and speedy certification process, and providing adequate protection against acts of interference by employers in such matters. Finally, the Committee requested the Government, once again, to provide its observations concerning the suspension of Mr. Ulalan, president of the Cebu Mitsumi Employees’ Union (CMEU).
2. 99. In a communication dated 15 January 2002, the Government indicates that the certification dispute was submitted on 5 October 2001 to a mediator-arbiter, who is supposed to resolve the issue before 31 January 2002. The Government does not give any indication on the other issues.
3. 100. The Committee recalls that this case, which dates back to March 1995, has been examined on no less than seven occasions [302nd Report, paras. 386-414; 305th Report, paras. 54?56; 308th Report, paras. 65-67; 316th Report, paras. 72-75; 323rd Report, paras. 72-74; 325th Report, paras. 78-80; 326th Report, paras. 136-139]. In view of the lengthy delays, the Committee strongly hopes that the mediator-arbiter will issue very shortly a decision fully taking into account freedom of association principles; it requests the Government to provide it with a copy of that decision, and to keep it informed of developments. The Committee requests once again the Government to provide information on the suspension of Mr. Ulalan and on steps taken with a view to establishing an appropriate, fair and speedy certification procedure, providing adequate protection against acts of interference by employers in such matters.