Unimplemented CBA

Management refused to recognize the union and implement the CBA.

In August 2004, the workers filed a notice of strike but the Department of Labor and Employment (DoLE) issued an assumption of jurisdiction order on the dispute. The company later brought the labor dispute to the courts.

To this day, the company stubbornly maintains its position of not recognizing the union even with the CBA concluded, Fundacion said.

For the past two and a half years, the workers experienced” systematic” repression, Fundacion said. He said union leaders are being investigated by the police and military intelligence operatives.

The workers were subjected to surveillance, persuaded and even threatened to refrain from union activities. A high-ranking union leader was demoted and is continuously being harassed.

The workers are still battling management for non-implementation of the CBA particularly the P30.00 ($0.61)-per-day basic pay increase to be given on a staggered basis of P5 ($0.10); P10 ($0.20) and P15 ($0.30) each year for three years.

Also unimplemented are the 25-percent increase on overtime; 20 percent on holidays, 30 percent on non-working holidays; and 30 percent on working day off.

The management refuses to recognize the KML and to implement the CBA plus the P18.50 ($0.37)ECOLA provided for by Wage Order No. 12 despite the National Labor Relations Comission (NLRC)’s recognition of the certification election which was also upheld by DoLE Region III and the Court of Appeals.

Fundacion said management continuously violates the workers’ rights. They are meted 30 to 60 days suspension for the flimsiest of reasons, and charged with administrative sanctions and even illegal dismissal.

Subic Bay Apparel

Terry Calzado, 39, is one of the 500 workers of the Subic Bay Apparel Corporation, a Filipino-Chinese and American owned firm producing coats and tuxedoes for export.

Calzado like many of the firm’s workers have worked for at least 10 years for the company. They started at P95 per day and now get P239.50 ($4.85) a day plus P20 ($0.40) ECOLA (expanded cost-of-living allowance). They get P37 ($0.75) per hour on overtime. They receive their 13th-month pay but no added incentives on holidays.

The company has three departments: cutting, pants, coat and finishing. The cutting department has three shifts a day, while the pants and coat department have but a single daily shift.

A third but a minor unit is the finishing department with no particular shift and where the workers are paid P0.75 ($0.02) a piece.

Quota

She works on the 7 a.m.-3 p.m. shift. On peak seasons from September-December she can only complete 700 pairs at most of her quota of 800 pairs on her regular shift, and just 200 pairs on the quota of 500 pairs on the 3-8 p.m. overtime shift.

Calzado’s pay slip for three consecutive pay days from September 16-30; October 1-15 and October 16-31 of 2006 showed net incomes of P1,899.85 ($38.49); P3,062.08 ($62.03) and P3,202.78 ($64.88) respectively after deductions, an average of P2,721.57 ($55.13) every 15th or P181.44 ($3.68) daily take home.

They get a 30-minute lunch break from 11:30-12 p.m. on a regular shift; 15 minutes (3-3:15 p.m.) between 3-6 p.m. and another 10 minutes (6-6:10 p.m.) between 6-8 p.m. on overtimes.

They are issued a comfort room pass and a cooler (water dispenser) pass for every 30 persons. Violations of these policies can result to reprimand of the workers for “wasting of time” or malingering

Workers are entitled to a vacation leave and sick leave of five days each; mothers get a maternity leave of two months for a normal delivery and 78 days for caesarian operations; fathers get seven days paternity leave.

Fight for union registration

“We started our union activities on October 2003 under the Trade Union Congress of the Philippines (TUCP),” Calzado said. “Our certification election was cancelled as the petition prepared by the TUCP contained next to nothing. They also failed to defend our union’s registration.”

In March 2004, the Philippine Transport Genuine Workers Organization (PTGWO), another TUCP-led group, tried to reorganize the union with the help of management but a timely petition for certification elections by the Workers’ Alliance in Region III (WAR III) led to the registration of the union.

The management in collusion with the TUCP tried to have the union registration revoked, Calzado said. The case is now at the Court of Appeals awaiting decision.

“We had to contend not only with management but with pro-management labor groups,” Calzado said. Gitnang Luson News Service / Posted by (Bulatlat.com)

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