Effect given to the recommendations of the committee and the Governing Body - Report No 325, June 2001

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

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

1. 78. The Committee first examined this case in March 1996, at which time it urged the Government to take appropriate steps immediately to ensure that a certification election was conducted at the Cebu Mitsumi Inc. in Danao City. Two years before the Committee first examined the case, the petition for a certification election, signed by almost all the rank and file workers of Cebu Mitsumi, had already been filed by the Cebu Mitsumi Employees’ Union (CMEU) [see 302nd Report, paras. 405-408]. During its most recent examination of this case in November 2000, the Committee took note of information provided by the Government to the effect that the Department of Labour and Employment (DOLE) had issued an order for the holding of a certification election on 14 September 2000 [see 323rd Report, paras. 72-74].
2. 79. In a communication of 4 May 2001, the complainant submits additional information in the form of a resolution from the Tenth International Metalworkers’ Federation Asia-Pacific Conference (20-21 April 2001). According to the resolution, on 2 October 2000, the union and management of Cebu Mitsumi agreed to 28 November 2000 as the date of the certification election, and the management agreed to submit a verified list of qualified voters. On 19 October 2000, the management instead submitted an unverified list of voters; on 20 October, it filed a motion to suspend the election proceedings until after the May 2001 national and local elections. In addition, the president of CMEU, Mr. Ferdinand Ulalan, was suspended indefinitely on unfounded grounds. The resolution, therefore, calls on the management to withdraw its motion to suspend the election proceedings and to reinstate Mr. Ulalan, and calls on DOLE to expedite the scheduling and conduct of the local election not later than 14 May 2001, the date of the national and local elections.
3. 80. The Committee deeply regrets the lengthy period that has elapsed since the petition for a certification election at the Cebu Mitsumi Inc. was first filed by CMEU, particularly in light of the fact that at that time, over seven years ago, the petition was signed by almost all the rank and file workers of the company. The Committee also notes with deep concern the new allegation that the president of CMEU has been suspended indefinitely on unfounded grounds. The Committee strongly urges the Government to ensure that an impartial certification election is held immediately at Cebu Mitsumi, and to consider examining the legal framework for certification elections, with a view to modifications that will guarantee that such excessive and potentially prejudicial delays will not take place in future. The Committee requests to be kept informed of any progress in this regard. The Committee also requests the Government to respond to the new allegation concerning the suspension of Mr. Ulalan.