LABOR
Strikes Down, but Take Longer to Resolve
By the government’s
latest figures, the number of strikes recorded in the first half of 2006
is lower than the same period last year. The labor department has been
harping on this in the news. But by its own statistics, strikes this year
have taken longer to resolve than those that occurred a year ago.
BY ALEXANDER MARTIN
REMOLLINO
Bulatlat
By the
government’s latest figures, the number of strikes recorded for this
year’s first six months is lower than that for the first six months of
last year. The labor department has been harping on this in the news, and
even the militant Kilusang Mayo Uno (KMU or May First Movement) has
acknowledged this year’s lower strike incidence as compared to last
year’s.
Hardly
mentioned in the government’s take on the issue is the fact that, by its
own statistics, strikes this year have taken longer to resolve than those
that occurred a year ago.
“On the
average, a strike is disposed of in 15 days, eight days longer than the
seven days recorded last year,” said Reynaldo Ubaldo, officer-in-charge of
the National Conciliation and Mediation Board (NCMB).
|
ON
STRIKE: Worker at the REN picket in Tandang Sora, Quezon City, 2005
BULATLAT FILE PHOTO |
Based on
data from the NCMB, a total of nine actual strikes were recorded from
January to June this year, or 31 percent lower than the 13 recorded for
the same period last year. The number of workers involved in new strikes
has likewise gone down from 4,835 to 939 – an 80-percent difference, NCMB
data further show.
This is
notwithstanding the fact that the number of labor organizations and
organized workers has increased since last year.
Figures from
the Bureau of Labor Relations (BLR) show that there are a total of 28,290
labor organizations throughout the country as of June 2006. These have a
combined membership of 2.3 million, BLR data further show. Of these,
15,823 are private-sector unions with a combined membership of 1.62
million, while 1,505 are public-sector unions with a combined membership
of 289,428. The rest, numbering 10,962, are workers’ associations.
The number
of labor organizations recorded by the BLR for the first half of this year
is more than 10,000 higher than the 17,132 last year – which have a
combined membership of 1.92 million.
But the
number of collective bargaining agreements (CBAs) was constant at 1,691.
As it is, only a very small number of unions, around ten percent, are
covered by CBAs.
There was
also a decrease in the number of strike notices filed.
The NCMB
recorded a total of 176 notices of strike, involving 37,139 workers, filed
from January to June this year. The number of notices of strike filed for
this period is lower by 30 percent than the 253 cases documented by the
NCMB for the same period last year, which involved a total of 44,941
workers.
Since the
number of strike notices filed during the first half of the year is lower
than the number of cases filed during the same period last year, there is
as should be expected a dip in the number of actual strikes.
This is
reflective of what NCMB data show to be a downward trend in the strike
incidence from 2002 to 2005, cut only by a slight rise in 2004.
Actual Strikes
2001-2005 |
Year |
Actual Strikes |
Workers Involved |
2001 |
43 |
7,919 |
2002 |
36 |
18,240 |
2003 |
38 |
10,035 |
2004 |
25 |
11,197 |
2005 |
27 |
8,496 |
Source: National
Mediation and Conciliation Board |
Strike-preventing devices
KMU
spokesperson Prestoline Suyat traces the drop in strikes to what he called
the near-perfection of legal devices to prevent strikes by both
capitalists and the government.
“Since
mechanisms to prevent strikes have been established these past few years,”
Suyat said, “the natural tendency is for the strike incidence to go down.
This means that it is becoming more and more difficult to stage strikes,
that capitalists and the government have almost perfected their means for
preventing strikes. These are legal mechanisms.”
“One of
these strike-preventing mechanisms is the 30-day period requirement
between the filing of a notice of strike and the actual staging of the
strike,” Suyat said. “Within those 30 days, a long period, capitalists can
do a lot of maneuvers to prevent the strike from materializing, like
intimidation against both union leaders and members: they can be
threatened with dismissal, for instance.”
On the
government’s part, the main device used to prevent strikes is what is
called the assumption of jurisdiction (AJ), Suyat said. “The law states
that only cases involving the national interest warrant AJs,” the KMU
spokesperson pointed out. “But former Labor Secretary Patricia Sto. Tomas
issued AJs in almost all labor disputes. In fact she boasted at one time
that strikes could rarely push through because she often resorted to AJs.”
“The
government uses the AJ to stop strikes instead of investigating what
triggered these,” Suyat said. “In the end, the disputes are resolved in a
manner that favors the capitalists.”
Suyat said
the Department of Labor and Employment (DoLE) has commonly used the AJ to
order striking workers to return to work. “Workers who are not inclined to
defy the order and risk losing their jobs return to work whenever the DoLE
assumes jurisdiction and tells them to leave the picketline,” he pointed
out.
He added
that return-to-work orders are usually followed by union-busting moves by
the capitalists. “So AJs usually result in mass lay-offs,” he said.
But mass
lay-offs have not been the sole result of the AJ. In a number of cases,
the assumption of jurisdiction was taken by the military and the police as
a license to violently disperse the picket. Most notable was the case of
the Hacienda Luisita strike in 2004 wherein seven workers were killed and
hundreds more were injured during a violent picket dispersal by the army
and police. A few years before, the assumption of jurisdiction on the
Nestle Philippines strike gave rise to a number of forcible dispersals.
Sto. Tomas
was appointed as DoLE secretary on March 16, 2001 and resigned from her
post earlier this year. She was known for maximizing the use of the AJ in
resolving labor disputes. She is now the chairperson of the Development
Bank of the Philippines (DBP).
Longer to
settle
But even by
the BLR’s documentation, as has been seen, the strikes that took place
from January to June 2006 have, on the average, taken longer to settle
than those that were staged in last year’s first six months.
“This means
that workers this year faced bigger issues compared to last year,” Suyat
said.
When asked
what issues these were, Suyat pointed to mass lay-offs as the main issue.
“Regular workers are dismissed and replaced with contractuals,” he said.
Another
major issue, Suyat said, is the non-implementation of collective
bargaining agreements.
Suyat’s
observation is bolstered by the government’s own figures. “Of the 300
cases filed, 261 or 87 percent involved unfair labor practices; deadlock
in collective bargaining mostly (regarding wages) were raised in 31 cases;
and eight cases raised both the issues of unfair labor practice and
bargaining deadlock,” Ubaldo said.
Wages
Collective
bargaining agreements are usually centered on union rights, the providing
of more benefits, and wage increases.
Wages are
expectedly a major issue for labor – both organized and unorganized –
considering the drastic and continuous slide in the costs of living from
2001, when President Gloria Macapagal-Arroyo was catapulted to power
through a popular uprising, to 2006.
Based on
data from the National Wages and Productivity Commission (NWPC), the
living wage for a family of six – the average Filipino family – now stands
at a national average of P664 ($12.73 at an exchange rate of $1=P52.16) as
of May 2006. Conversely, the daily minimum wage now stands at a national
average of P283.67 ($5.44), NWPC data further show.
The living
wage for an average Filipino family was in 2001 a far cry from what it is
now. That year, it stood at a national average of P445.53 ($10.89 at an
exchange rate of $1=P40.89 in 2001), based on data from the NWPC. The
highest regional minimum wage then was in the National Capital Region
(NCR), which was pegged at P250 ($6.11 at 2001 rates).
Today the
country’s highest regional minimum wage is still in the NCR, which stands
at P300 ($5.75) plus a P50 ($0.96) cost of living allowance or an
“increase” of less than a hundred pesos from 2002.
Workers’
groups affiliated with the KMU have been demanding a legislated P125
across-the-board, nationwide wage increase since 1999. The demand has also
been taken up recently by the party-list group Partido ng Manggagawa (PM
or Workers’ Party), represented in Congress by Renato Magtubo.
Anakpawis
(Toiling Masses) Rep. Crispin Beltran filed a bill seeking a P125
across-the-board, nationwide wage increase in 2004. Three years before he
had filed a similar bill as representative of Bayan Muna (People First).
A
consolidated wage hike bill was approved on second reading at the House of
Representatives early last month. The House, however, failed to pass the
bill before adjourning on June 7.
Prospects
Considering
the rampant labor repression amid the increasing impoverishment of
workers, Suyat expects more unrest on the labor front, which he said may
not necessary manifest itself only in strikes.
“The
government has pending anti-labor measures to be channeled through
Congress, Charter change, and the planned revision of the Labor Code,”
Suyat said. “These can further flame labor unrest.” 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.