LABOR
WATCH
On Nissan strike:
'Determined Action Can
Break Barriers'
In the city touted as
the country’s car manufacturing hub, organized workers commended the
recent decision of the Supreme Court (SC) to recall the more than a
hundred dismissed employees of Nissan Motor Philippines, Inc. (NMPI) and
the awarding of millions of pesos’ worth of economic packages to the
Japanese firm’s rank and file.
BY
DENNIS ESPADA
Bulatlat
Sta. Rosa
City, Laguna (38 kms. south of Manila) – In this city touted as the
country’s car manufacturing hub, organized workers commended the recent
decision of the Supreme Court (SC) to recall the more than a hundred
dismissed employees of Nissan Motor Philippines, Inc. (NMPI) and the
awarding of millions of pesos’ worth of economic packages to the Japanese
firm’s rank and file.
The decision,
which was issued on June 21, affirmed the Court of Appeals’ (CA) similar
ruling and resolution on Feb. 7, 2003 and May 15, 2003 respectively, in
favor of the union, the Bagong Nagkakaisang Lakas ng Manggagawa sa NMPI
(New United Strength of Workers in NMPI or BANAL).
The SC said
that the holding of a strike was insufficient ground for dismissal, and
that there was no evidence of illegal acts committed during the strike.
“Where a penalty less punitive would suffice, an employee should not be
sanctioned with a consequence so severe,” the SC also stated.
Long-running dispute
The union
first staged a “sit-down” strike on Dec. 4, 2000 in protest of Nissan
management’s suspension of its workers who were demanding the release of
the second half of their 13th-month pay.
On Oct. 1,
2001, BANAL launched another strike after the management sacked 16 union
officers and revoked the items already agreed upon in the collective
bargaining agreement.
By that time,
then Sec. Patricia Sto. Tomas of the Department of Labor and Employment (DoLE)
issued an Assumption of Jurisdiction order (AJ) over the labor dispute and
deputized the Philippine National Police (PNP) to implement it. Following
the fierce dispersal of the worker’s picket line by security guards and
heavily armed policemen, the management at once sent termination letters
to 143 union members through mail.
Though the CA
and the DoLE had already resolved that the laid-off employees should
return to work and receive full back wages, the management showed defiance
by petitioning for a temporary restraining order. The motion was later
denied by appellate court.
The unionists
were appalled when the SC declared a “status quo” on June 2003, which
restrained the implementation of the CA order. It was only on March 27,
2004 when the SC issued a resolution allowing the union to present their
appeal. BANAL raised their case from CA to SC with an appeal to include
the 16 union officers as among those to be recalled.
In 2005,
BANAL and its affiliate federation Olalia-KMU (Organized Labor in Line
Industries and Agriculture-Kilusang Mayo Uno) held a rally in front of the
SC building in Manila to air their grievances but were dispersed, detained
and charged by Western Police District (WPD) elements.
Breaking
Barriers
In spite of
poverty, assaults and “bribe offers” to break up their picket line, the
Nissan strikers remained persistent in their struggle for an immediate and
just resolution of the long-running labor dispute.
The
Pagkakaisa ng Manggagawa sa Timog Katagalugan-KMU (Pamantik or Solidarity
of Workers in Southern Tagalog), a regional labor center, said the “heroic
feats” shown by the unionists serve as a model to all workers in the
region, in the country and to the whole working class. “This proves that
the workers’ solid strength and determined action can break any barriers,”
says Pamantik-KMU secretary-general Luz Baculo.
While they
consider this development as victory, Pamantik-KMU believes that the
Nissan workers’ collective force shall pursue to ensure that the
management, headed by NMPI president and chief executive officer Leman
Lee, will soon abide by the SC decision. Bulatlat
BACK TO
TOP ■
PRINTER-FRIENDLY VERSION ■
COMMENT
© 2006 Bulatlat
■
Alipato Media Center
Permission is granted to reprint or redistribute this article, provided
its author/s and Bulatlat are properly credited and notified.
