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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- 157. The Committee last examined this case, which was submitted in
September 2016 and which concerns allegations of anti-union practices, including
anti-union dismissals and harassment, and the failure of the authorities to take
corrective measures, at its June 2019 meeting [see 389th Report, paras 79–85]. On that
occasion, the Committee requested the Government to keep it informed of the decisions of
the National Labour Relations Commission (NLRC) in relation to the allegations of
massive dismissals of trade unionists, both on the ground of their involvement in the
establishment of a trade union and for their participation in the 2013 strike, as well
as of the outcome of the mediation–conciliation proceedings ongoing between the parties.
The Committee also requested the Government once again to take the necessary measures to
ensure that, in the future, appeals of administrative dissolution orders have a
suspensive effect on both the cancellation of a trade union’s registration and its
delisting from the legitimate labour union register.
- 158. The Government provides observations in a communication dated 1
October 2019. With regard to the allegations that 58 workers were dismissed for
exercising their right to strike, the Government states that the November 2016 decision
of the Executive Labour Arbiter, declaring the 2013 strike illegal, and directing the
company to pay the 12 respondent strikers their separation pay of one month’s salary
for every year of service on humanitarian grounds, was appealed before the NLRC, which
affirmed the Arbiter’s decision. A motion for reconsideration was filed but it was
denied by the NLRC in August 2017. The Government adds that as per information from
September 2018, the three cases involving the company docketed before the Court of
Appeals were consolidated into one case, which is now before the Court of Appeals –
Cagayan de Oro City for resolution.
- 159. The Government also reiterates information provided previously that
appeals against administrative dissolution orders have a suspensive effect and the order
granting the delisting of the United Workers of Citra Mina Group of Companies Union
(UWCMGCU) from the roster of legitimate labour unions did not result in the cancellation
of its registration as the union remained entitled to the rights granted under the
Labour Code.
- 160. The Committee takes due note of the information provided by the
Government. It notes in particular that the NLRC affirmed the 2016 decision of the
Labour Arbiter, declaring the 2013 strike illegal and directing the company to pay a
separation pay to 12 strikers, and that the three cases involving the company docketed
before the Court of Appeals were consolidated into one case and are currently pending
resolution. Albeit not clearly stated, the Committee understands from the above that the
pending consolidated case covers the anti-union allegations raised by the complainant in
this case. In these circumstances, the Committee cannot but regret that, notwithstanding
a considerable lapse of time (more than six years since the alleged incidents), the
proceedings at the national level have yet to give rise to a comprehensive resolution of
the concrete dispute and the serious allegations of mass terminations on trade union
grounds remain unresolved. Recalling that justice delayed is justice denied [see
Compilation of decisions of the Committee on Freedom of Association, sixth edition,
2018, para. 170], the Committee expects that all anti-union allegations raised by the
complainant – allegations of massive dismissals of trade unionists on the ground of
their involvement in the establishment of the trade union and for their participation in
the 2013 strike – will be fully examined in the framework of the ongoing procedure
before the Court of Appeals, that the Court will render its decision without delay and
that, if the allegations are found to be true, the Government will take the appropriate
remedial measures. The Committee requests the Government to keep it informed of the
decision of the Court of Appeals once rendered, as well as of any other developments in
this regard, including the outcome of the previously mentioned mediation–conciliation
proceedings ongoing between the parties.
