Labor center KMU (May First Movement) hailed today Labor secretary Rosalinda Baldoz’s August 13 decision giving a nod to the petition for certification elections filed by ABS-CBN’s contractual workers, calling it a “positive development in the struggle against contractualization.”
The decision affirmed the existence of an employer-employee relationship between the workers and the company as well as the workers’ regular status on the job.
The chronology of the legal battle of ABS-CBN IJM Workers’ Union is as follows:
Nov. 23, 2009
ABS-CBN IJM Workers’ Union filed a petition for certification elections (CE) to the Department of Labor and Employment-NCR Office.
Dec. 6, 2009
ABS-CBN Broadcasting Network Incorporated filed a position paper opposing the petition for CE on the basis that there is no employer-employee relationship between itself and IJM workers.
Dec. 21, 2009
ABS-CBN IJM WU filed a position paper arguing that there is no entity named “Internal Job Market” registered in the Securities and Exchange Commission and that there is an employer-employee relationship between the workers and the company.
Jan. 2, 2010
ABS-CBN management filed a rejoinder.
April 14, 2010
DOLE NCR mediator-arbiter Catherine Legados-Parado released a decision denying the workers’ petition for a CE.
May 6, 2010
ABS-CBN IJM Workers’ Union filed an appeal to the DOLE Secretary.
Aug. 13, 2010
DOLE Secretary releases decision giving a nod to the CE, affirming that there is an employer-employee relationship between the workers and the company, and that the workers are regular, not contractual.
“This is a positive development in the struggle of the Filipino workers and people against contractualization and for regular jobs. This is a victory of the ABS-CBN workers who have been solid and persevering in struggling for their rights. Workers, when they are united and steadfast in fighting for their legitimate demands, can pose a challenge even to companies as powerful and influential as ABS-CBN,” said Lito Ustarez, KMU executive vice-chairperson.
“ABS-CBN workers and their supporters should not relax their guards, however,” said Ustarez. “We know how hell-bent the ABS-CBN management is when it comes to implementing contractualization schemes and pressing down the workers’ wages. We also know that it has close ties with President Noynoy Aquino. We must continue to unite all ABS-CBN workers and fight with them against the management’s counter-moves,” Ustarez added.
“We should also continue fighting for the reinstatement of the 91 workers who have been terminated from work. The DOLE secretary’s decision shows that the workers’ calls for holding a CE and for regularization are legitimate and just. It appears that because of this, the ABS-CBN management is getting desperate, resorting to foul moves and union busting. We must fight these moves,” Ustarez said.