This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. V, No. 18, June 12-18, 2005
LABOR WATCH
Mine Workers Defy Return-to-Work Order
Can the striking workers at
the Lepanto Consolidated Mining Company (LCMCo) be blamed for defying the labor
department’s order for them to return to work? They have been on strike since
June 2 and despite the Benguet provincial government’s intervention, the
resolution seems unlikely in the near future as both labor and management stick
to their demands.
BY ABIGAIL T. BENGWAYAN BAGUIO CITY — The Lepanto
Employees Union (LEU) defied the Department of Labor and Employment’s (DoLE)
return-to-work order issued last June 9 after the Benguet provincial government
intervened in the negotiations between the union and the Lepanto management.
The order was issued by
DoLE Undersecretary Manuel Imson and handed to DoLE Regional Director Jalilo
dela Torre. The strike marked its 11th
day last June 12 (Independence Day) despite food and medicine blockade in the
picket lines and communities within Lepanto. Management cut the water supply
last June 6 but was restored three days after, union officers said. The DoLE order deputizes
the Philippine National Police (PNP) to enforce the return-to-work order. The
latter gives teeth to the Assumption of Jurisdiction (AJ) order over the
striking workers. The AJ order was issued by DoLE Secretary Patricia Sto. Tomas
last May 10. LEU Auditor Ronald Maslian
said that the workers have already defied the AJ order in the first place. By
doing this, he explained that they have defied all other processes following
DoLE’s AJ order. The union officers were issued termination notices last June 3.
In the 2003 strike, police
dispersed the striking workers and two miners died in the process. LEU President Ninian Lang-agan
said that police in full battle gear were already positioned near the Nayak and
Tubo picket lines. In a separate interview,
Kilusang Mayo Uno (KMU)-Cordillera’s Nida Tundagui said that the return-to-work
order deprives the workers of their right to strike, right to redress grievances
and concerted action. “Kapag sinunod ito
(order), wala nang saysay ang lahat ng pinaghirapan nila. Maging ang esensya ng
CBA ay mawawala na. Babalik lang sila sa dating working conditions nila, kaya
tama lang na hindi nila sinunod ang return to work order dahil hindi na naman
sila sumunod sa AJ order” (If they submit to the return to work order, their
past efforts will have gone to naught. The essence of the CBA will be gone. They
will go back to their old working conditions, so it is only right that they defy
the return to work order since they defied the AJ order anyway.), she said.
Security measures? Since the strike was staged
on June 2, management prohibited the entry of vehicles, including tricycles and
jeeps. Resident Manager Augusto Villaluna issued a June 8 memorandum ordering
all vehicles entering the mine camp to ensure that “no prohibited materials or
unauthorized people enter the mine camp.” Col. Wilhelm Doromal,
Security and Communications Services Department head, also released a notice to
Gate No. 3 security guards ordering them not allow the entry of the LEU service
vehicle until further notice. Last May 31, two days
before the strike, Doromal banned water pump operator Zaldy Negradas from
transporting a half cavan of rice for his family at Barangay (village) Sapid via
Tubo gate at around 5:30 p.m. When he explained that the
rice was for his family, Doromal allegedly started accusing Negradas of
“harassing the security.” The security chief also said to Negradas “Nanghahamon
ka ba? Naghahanap ka ba ng away?” (Are you challenging me? Are you looking
for trouble?) Doromal also accused Negradas of abandonment of post, which the
latter found puzzling. Negradas filed a harassment
complaint at the Sapid Barangay Hall. Around midnight last May 31, Negradas said
that several men under Doromal went looking for him at their quarters near the
Club House. Luckily, he went home that night. Investors held hostage?
Lang-agan added that
management accused them of holding seven Chinese investors hostage last June 7.
Lang-agan denied this. “Haan mi met isuda nga
in-hostage. Immunegda idiay Tubo gate ken rumwar da kuma idiay Mill Site. Ngem
idi dumanon da ditoy Mill Site ket naka-padlock ta adda picket. Nagnada metlaeng
ditoy Level 900. Isunga awan ti in-hostage mi” (We did not take anyone
captive. The investors entered at Tubo gate and intended to exit at Mill Site
but the gate was locked due to the picket line. They eventually exited through
Level 900), he explained. Kilusang Mayo Uno (KMU)-Cordillera
Spokesperson James Tulipa added that the investors sought clearance from the
picket line command at Tubo gate before entering. Tulipa himself was accused
by management of instigating the strike together with Art Malicdan of the
Cordillera Labor Center (CLC). Tulipa added that management called the DoLE
regional office and accused the striking workers of holding the investors
captive. CBA still deadlocked Meanwhile, the negotiations
mediated by the Benguet province officials resulted in a deadlock. Gov. Borromeo Melchor and
DoLE’s Dela Torre proposed a salary increase of P25, P29 and P29 ($0.45, $0.52
and $0.52, based on an exchange rate of P55.20 per U.S. dollar) for the first,
second and third year of the CBA’s effectivity. On the other hand, the
management, represented by lawyer Weldy Manlong, stuck to their P21-P27-P29
($0.38, $0.49 and $0.52) proposal. Originally, the union’s
proposal was P29-P29-P33 ($0.52, $0.52 and $0.60) for the wage increase.
Benefits raised in the negotiations include housing allowance, separation pay
and rest day. During the first round of negotiations last Feb. 18, the union
proposed P100-P100-P100 ($1.81-$1.81-$1.81) while management proposed P0-P10-P11
($0-$0.18-$0.20). Bulatlat © 2004 Bulatlat
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Northern Dispatch
Posted by Bulatlat