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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 112. The Committee last examined this case at its November 2012 meeting
[see 365th Report, paras 1259–1278]. At that occasion, it made the following recommendations:
- (a) With respect to Cirtek Electronics Corporation, the Committee:
- (i) expects that the TTCEC will review the initial
allegations of the complainant relating to the dismissals of three sets of trade
union officials without further delay and once again requests the Government to
provide detailed information with regard to the results of the conducted
inquiry;
- (ii) requests that, should it be found in the course of that
inquiry that the abovementioned trade union officials were dismissed due to
their exercise of legitimate trade union activities, the Government take the
necessary steps to ensure that they are fully reinstated without loss of pay and
keep it informed of any developments in this respect;
- (iii) requests to continue to be kept informed of the final
outcome of any relevant judicial or other proceedings and of all measures of
redress taken;
- (iv) requests to be informed whether, in the meantime, the
collective bargaining agreement between the union and the management has been
concluded, and, if not, expects that the Government will take measures to
promote collective bargaining between the parties so that, in line with the
decision of the Supreme Court, a collective bargaining agreement will be
concluded in the near future either through negotiation or, if necessary, with
the assistance of voluntary conciliation, mediation or arbitration; and
- (v) urges the Government to ensure that the above inquiry
examines the new allegations of anti-union interference and harassment as a
matter of priority, and requests the Government to keep it informed of any
developments in this respect.
- (b) With respect to Temic Automotive Philippines, the Committee:
- (i) noting with interest the creation of an impartial
Tripartite Team composed of members of the Regional Tripartite Monitoring
Body-National Capital Region with the mandate to conduct a plant-level
verification of the parties’ claims, requests the Government to provide detailed
information with regard to the conduct and outcome of such an inquiry;
- (ii) requests that, should it be found in the course of the
inquiry that the 28 dismissals were anti-union in nature and aimed at
eliminating any union representation for the departments concerned, the
Government take the necessary steps to ensure that the union members and
officials concerned are fully reinstated without loss of pay, and keep it
informed of any developments in this respect; and
- (iii) firmly expects that the principles enounced in its
conclusions will be taken into account in practice, in a manner so as to ensure
that, in the remaining still ongoing legal proceedings, the relevant bodies will
effectively consider in their review the allegations put forward by the
complainant that the outsourcing plan was actually aimed at eliminating any form
of union in the departments concerned, and requests to be kept informed of the
outcome of the pending legal proceedings.
- 113. The complainant provided follow-up information in communications
dated 2 May 2013, 16 July 2013 and 14 January 2014.
- Temic Automotive Philippines
- 114. With regard to the case of Temic Automotive Philippines, the
complainant indicates that on 24 January 2013, the TAPIEU-FFW and the Temic Automotive
Philippines Inc. (TAPI) management entered into a compromise agreement to settle all
pending cases between the parties.
- ■ The company will rehire Mr Dumolong in its EBS production department and he
keeps the same salary without loss of seniority, rights and privileges.
- ■ The union shall then withdraw all the cases pending before the national courts
and the ILO.
- ■ The Department of Labor and Employment (DOLE) will extend financial assistance
to those workers of the two departments who availed themselves of the voluntary
retirement packages (VRP), in a form of grant depending on the project proposal that
they will submit, with the recommendation of the TAPIEU-FFW.
- In conclusion, the complainant submits: “In consideration of the
above agreement, and with the recommendation of the Union, may we submit that the
complaint filed by the TAPIEU-FFW against the TAPI on violations of Conventions 87 and
98 particularly on the dismissal of Endrico Dumolong be deemed closed and
terminated”.
- Cirtek Electronics Corporation
- 115. With regard to the case of the Cirtek Electronics Corporation (CEC),
the complainant organization alleges the continuation of threat and harassment of the
Cirtek Employees Labour Union-Free Federation of Workers (CELU-FFW) leaders in its 16
July 2013 communication. The complainant describes one instance in which the HR manager
of the CEC is said to have told Soledad A. Romero, President, and Ana Fernandez, Vice
President of the CELU-FFW, that they should stop acting as union leaders because she did
not want anything to happen to them, and she knew that it had already happened to other
leaders. Both union leaders complained to the investigator of Baranggay Loma, Biñan,
Laguna, reporting serious threats against their lives. Copies of the blotter and the
affidavit of Soledad Romero are attached to the communication. The complainant affirms
that the HR manager continuously prods the officers of the union to resign from their
jobs. Ana Fernandez was forced to resign as a result of the above threat. The
complainant affirms that the HR manager was behind the illegal termination of previous
sets of officers that are the subject of the complaint before the Committee. Two sets of
the CELU-FFW presidents, Antoniette Eredilla and Victoria Tipdas, and some of its
officers, namely Lorena Montañez and Marivic Pinca, already resigned as a result of her
instigations. According to the communication, the HR manager also took a strong stance
to oppose the existence of the genuine union in the company.
- 116. With regard to the merger of the two unions and creation of the
United Cirtek Employees Association (UCEA), the complainant recalls that, in the
referendum on the merger, the majority of the bargaining unit, 331 against 14, voted for
the merger. Also a majority of 258 against 87 voted for retaining affiliation with the
FFW. The complainant further indicates that practically nothing happened thereafter. All
efforts to conduct elections of a new set of officers for the UCEU were foiled by the
management. No constitution and by-laws were agreed on and, most importantly, no
collective bargaining agreement was entered into between management and the workers.
DOLE Regional Office No. IV-A which chaired and spearheaded the Tripartite Team for
Cirtek Electronics Corporation (TTCEC) neither took any follow-up nor conducted any
further actions to ensure that the merged group can move to the next level. The
complainant alleges that the HR manager interfered in the meantime, reviving the UCEA by
appointing Alma Tinay as President and other officers in the “hoax union”. DOLE Regional
Office No. IV-A issued them a registration despite knowing and spearheading the TTCEC.
It appears that the TTCEC has been a futile tool. At this instance, unless the SOLE
herself directly takes action, it would appear there is no end to the trampling of the
rights of the workers in Cirtek.
- 117. In its 14 January 2014 communication, the complainant confirms the
conclusion of the Memorandum of Agreement (MOA) among officers of the CELU-FFW and the
“other group of employees in Cirtek who usurped the name of the UCEA” and the CEC
represented by its President and other officers. DOLE Secretary Rosalinda Baldoz and
Regional Director Zenaida Angara attested to the proceedings of the agreement. The
complainant further confirms the holding of elections of UCEA officers on 26 October
2013 under the supervision of DOLE Regional Office No. IV-A. However, it alleges that
Alvin Gonzales, Chairman of the Trade Federation for Metals, Electronics, Electrical and
Other Allied Industries (TF4), and another representative of the FFW were isolated from
observing the proceedings at the initiative of the HR officer of the company. They were
forced to stay in the car the entire day until 2 a.m. the following day when the
counting of the ballots ended. The DOLE representative could not do anything about the
situation for alleged lack of jurisdiction on the matter. The election pushed through
and the original group from the CELU-FFW won all the posts, from the president down to
the 14 board members with a huge advance.
- 118. The complainant further indicates that despite their victory, the
newly elected officers of the union were subjected to continued harassment upon order of
the abovementioned HR officer: in November 2013, the guards conducted a thorough search
among the union officers and confiscated all the papers they were carrying in relation
to union check-off and prohibited them from distributing them to all union members.
According to the complainant, at the time of the communication harassment still
continued at the plant level particularly because management was supporting the other
group. That group who lost filed a baseless protest against the elections they freely
participated in. The complainant indicates that it cannot help doubting that disputing
the elections is a management-initiated action and is part of the harassment against the
winning union officers who had the overwhelming mandate among the rank and file
employees of the company.
- 119. The complainant recalls that the agreement of 2 September 2013
requires the withdrawal of all cases, including the complaint filed before the ILO.
However, in view of the situation described in the communication, it considers itself to
be in a position to request only a conditional withdrawal of the complaint and states
that, should the situation change for the better as regards the exercise of the union’s
freedom of association and the right to collectively bargain at the plant level, and
subject to the full recognition of the newly elected union officers and full compliance
with the 2 September 2013 MOA, it would withdraw the complaint.
- 120. In communications dated 2 May 2013, 26 September 2013 and 7 November
2013, the Government provided supplementary information.
- Cirtek Electronics Corporation
- 121. With regard to anti-union practices in the CEC, the Government
recalls in its 2 May 2013 communication that through the facilitation of a TTCEC, a new
set of the CELU-FFW officers were elected and the FFW appointed CELU President, who was
suspended from employment, was recalled. The Government further indicates that the final
report of the TTCEC, submitted to the DOLE Secretary on 27 March 2012, found that the
conduct of the CELU-FFW election of a new set of officers and registration of a new
union disproved the alleged suppression of workers’ rights at Cirtek; and that the
series of TTCEC meetings facilitated the early termination of the case before the
Supreme Court, as well as the early payment of monetary benefits to workers.
- 122. The Government also provides information on the merger process of
the two unions present at the plant, namely the CELU-FFW, and the Cirtek Electronics
Corporation-Independent Labour Union (CED-ILU), into the UCEA. Recalling that in a
referendum held on 26 October 2011, 331 of 345 employees voted for the merger, the
Government indicates that the official registration of the UCEA stalled because of
disagreement between the two combining unions on the constitution and by-laws. The DOLE
regional office organized several meetings between them for discussing the issues, but
none pushed through. The CELU-FFW insisted to push for ratification of the UCEA
constitution and by-laws, but the CEC-ILU disagreed on union dues and other issues. The
Chairman of the TTCEC suggested that the issues on the Constitution and by-laws be
settled among the general membership. The CELU-FFW was amenable to the conduct of a
certification election to settle the issue of representation.
- 123. In its communication dated 26 September 2013, the Government
indicates that on 2 September 2013, the CEC, the CELU-FFW and the UCEA entered into a
MOA, a copy of which is attached to the communication. The agreed terms are as follows:
- i. The election of the new set of union officers of the merged
unions which resulted into a single union now registered and known as United Cirtek
Employees Association (UCEA) will be conducted on October 26, 2013 and supervised by
DOLE Regional Office No. IV-A;
- ii. The Constitution and By-Laws of UCEA shall be reviewed and
ratified by the members of the union two weeks after the election of officers
mentioned above;
- iii. The new CBA concluded between CIRTEK and UCEA shall be
subjected to a review to ensure that the provisions thereof are in accordance with
the Labour Code of the Philippines and its Implementing Rules and Regulations and in
no way has the new CBA resulted in diminution of existing benefits;
- iv. The FFW Legal Centre shall continue to be the legal adviser
of UCEA;
- v. All cases filed by any party to this agreement against each
other, including the petition for certification election pending before DOLE
Regional Office No. IV-A, the unfair labour practice before the NLRC Regional
Arbitration Branch No. IV-A and the ILO case filed by FFW shall be withdrawn;
- vi. All outstanding issues and concerns affecting the employees
and the company shall be discussed at the plant level through the immediate
activation of the grievance machinery;
- vii. The undersigned parties hereby commit to ensure that stable
and harmonious labour–management relations shall be the cornerstone of a mutually
beneficial management–union relationship at CIRTEK ELECTRONICS CORPORATION.
- The Government concludes that with this agreement it is hoped that
all the issues have been addressed and a good labour–management relationship will
finally ensue. The DOLE, through Regional Office No. IV-A, shall monitor the parties’
adherence to the MOA.
- 124. In a communication dated 7 November 2013, the Government indicates
that, on 26 October 2013, in compliance with the agreement, the election of officers of
the merged UCEA was conducted and states that the election of a new set of officers will
set in motion the organizational review of the union constitution and by-laws and the
provisions of their collective bargaining agreement. With this, the Government requests
the closure of ILO Case No. 2815.
- Temic Automotive Philippines
- 125. With regard to TAPI, the Government provides supplementary
information in its 2 May 2013 communication. Recalling the creation of the Tripartite
Team for Temic Automotive Philippines Inc. (TTTAPI) upon recommendation of the
Committee, the Government indicates with regard to the fate of 28 workers affected by
the outsourcing who had accepted the VRP that, at the first meeting of the TTTAPI, the
representative of management gave an option to rehire the 28 in other positions. An
agreement was reached that both union and management will prepare profiles of the 28.
The DOLE-National Capital Region (NCR) conducted the profiling using the Computerized
National Manpower Registry of Skills form used for displaced workers to assess their
needs in terms of assistance and possible placement for wage employment and non-wage
employment (i.e. livelihood and entrepreneurship). Accordingly, 11 are presently
employed under the contractors of TAPI; three are self-employed; one is working in
Makati; two cannot be contacted and 11 are unemployed. The DOLE shall extend livelihood
grants to the 28 upon submission of their project proposal.
- 126. With regard to the case of Mr Endrico Dumolong who did not avail
himself of the VRP, was dismissed for redundancy and whose case was pending before the
Court of Appeals, the Government indicates that the DOLE-NCR scheduled a meeting with
him to discuss possible solutions and amicable settlement in relation to his illegal
dismissal case before the Court of Appeals. Two options were offered to him: the company
would rehire him without regard to previous years of employment, but with payment of a
separation package; or the company will absorb him with continuous employment in the EBS
production department, without loss of seniority, rights and benefits, keeping the same
salary, and without payment of a separation package. He preferred the second option, and
agreed to withdraw his petition before the Court of Appeals. On 24 January 2013, a
compromise agreement was signed between TAPI, the TAPI Employees Union (TAPIEU); TF4 and
Mr Endrico Dumolong. A copy of the agreement is attached to the Government’s
communication. The trade unions have agreed to withdraw the cases before the Committee
and the Supreme Court.
- 127. The Committee takes note of the information provided by the
Government and the complainant organization. With regard to Temic Automotive
Philippines, the Committee welcomes the conclusion of a compromise agreement between the
company, the trade unions and Mr Endrico Dumolong, in accordance with which Mr Dumolong
will be rehired without loss of salary, rights and privileges. The Committee notes with
interest the indication of the Government that, at the first meeting of the TTTAPI, the
company gave an option to rehire the 28 workers affected by the outsourcing of warehouse
and facilities departments in other positions and that the DOLE-NCR conducted the
profiling of those workers with a view to providing them with grants upon submission of
their project proposals. The Committee also notes that the complainant organization, in
application of the abovementioned compromise agreement, submitted the request that the
complaint filed by the TAPIEU-FFW concerning Temic Automotive Philippines Inc., on
violations of Conventions Nos 87 and 98, particularly on the dismissal of Endrico
Dumolong, be deemed closed and terminated.
- 128. The Committee takes fully into account the complainant
organization’s wish to withdraw the complaint concerning Temic Automotive Philippines
Inc. Considering the concurrent information provided by the Government and the
complainant and the reasons put forward to explain the withdrawal, the Committee
observes that the complainant has expressed its wish in full independence and the
complaint has become without object. Hence, the Committee concludes that the complaint
concerning Temic Automotive Philippines does not require any further examination.
- 129. With regard to the CEC, the Committee welcomes the conclusion of the
MOA between the company and the trade unions present at the plant in the presence of the
Secretary of Labour and Employment and notes with interest that the agreement settled
important issues concerning the election of officers of the UCEA, review and
ratification of its constitution and by-laws, and review of the collective bargaining
agreement between the UCEA and the company. The Committee notes that the agreement also
required the withdrawal of all cases filed by all parties, including the present case
before the Committee.
- 130. The Committee welcomes the conduct of elections of officers of the
UCEA on the date required by the MOA under the supervision of the DOLE regional office
representative and notes the indication of the complainant that the CELU-FFW candidates
won all the positions. However, the Committee notes with concern the allegations of the
complainant organization, according to which the management of the company subjected the
newly elected officers to continuous harassment, including through searches,
confiscation of papers related to union check-off and prevention of distribution of
those papers among union members. The Committee also notes with concern the allegation
of the complainant as to the interference of management into trade union affairs,
through alleged support of the other group and its disputing the elections held in
compliance with the MOA. The Committee observes that, in view of the situation of the
union’s freedom of association and the right to collectively bargain at the plant level,
the complainant organization sees itself only in a position to request a conditional
withdrawal of the complaint subject to the full recognition of the newly elected union
officers and full compliance with the 2 September 2013 MOA.
- 131. Considering that the Committee has received no further information
from the Government or the complainant organization with regard to the actual
implementation of the MOA, and considering that despite the transmission of the
allegations of anti-union practices at the CEC, the Government has not provided any
additional information on the eventual steps taken to clarify and remedy the situation,
the Committee, while noting with interest the steps taken by the Government to implement
its recommendations, requests the Government and the complainant organization to provide
it with any additional follow-up information on the developments between the union and
the company and in particular to indicate whether any further acts of anti-union
interference have been detected.
