After the 11 day strike by members of Bacolod Columbia Workers Association on the ground of Unfair Labor Practice Illegal dismissal and Union busting, the Office of the Secretary of Labor assumed jurisdiction over the labor dispute and ordered all striking workers and locked out employees to return to work. The order of the Secretary of Labor as penned by Undersecretary Transmonte states: “Accordingly, any intended strike or lockout or any concerted action is automatically enjoined if one is already taking place, all striking and lockout employee’s shall within twenty four (24) hours from receipt of this order immediately resume operation and readmit all workers under the same terms and condition prevailing before the strike, the parties are likewise enjoined from committing any act that may further exacerbate the situation. SO ORDERED. ” But instead, the Management defies the actual reinstatement of 60 locked out and striking employees. Since the reinstatement of workers in November 9, 2012 the Management implemented new policies, rules and regulations and orders as follows: a) Reinstated locked out and striking workers in payroll but station them outside the company and to be roll called by security guards anytime the management want; b) Deduct salaries of reinstated employees during pay day if they did not participate in the roll call policy despite having punch “in” and “out” in the biometrics; c) Implemented forced leaves during holidays while newly hired are not; d) Non payment of 5 days incentive leave pay e) Pay period was intentionally reduced from 13 days to 11 days; f) Social Security System and Pag Ibig loans application was dis-allowed by the Management; Despite the defiance of the Management as stated above, the workers faithfully followed the order of the Office of the Secretary of Labor. Uncontended, the Management represented by general manager Alfonso Choa and Human Resource Officer Fonsella Kae S. Choa ordered the implementation of memorandum no. 3-391-13 last March 4, 2013. They continue their payroll reinstatement and ordered the 60 employees to report to work without judicial authorization. They hoarded the workers inside 4x4 meter barricaded fence inside the company garage. They were not given work assignments. The anti-worker memo-order stipulated the ff: a) To stay inside the fence and disallowed to stroll; b) Even after punch “in” and “out, they are being roll called by security guards anytime the management wants; c) prohibit workers to use company comfort rooms; d) workers are directly exposed to the grueling heat of the sun from 1PM onwards; e) Exposed workers to dust and smoke emission from the delivery truck trucks since the fence is located at the truck garage. Deduction of wages of workers who failed to present themselves to the security guard during roll calls. Since our reinstatement or back to work, different schemes were implemented by the Management showing their non-compliance to the order of the Office of the Secretary of Labor that clearly state; “to re-admit all workers under the same terms and condition prevailing before the strike. The Parties are likewise enjoined from committing any act that may further exacerbate the situation.” With the Assumption of Jurisdiction order by the Secretary of Labor, the Management enjoys the continued violation of workers’ rights by retaliating and punishing the workers with different policies to push them to the wall to surrender their freedom of association and bust their union. The workers are dragged to a long process of legal battle while the purpose of the Assumption of Jurisdiction becomes futile and disadvantageous to the workers because the Management enjoys castigating their employees during this long process of litigation. We demand: 1. Actual re-instatement of all locked out and striking employees back to work without loss of seniority rights; 2. Cite in Contempt BCMI General Manager Alfonso Choa and Human Resource Director Fonsella Kae S. Choa for non-compliance of the Assumption of Jurisdiction Order 3. Stoppage of Union Busting and Unfair Labor Practice not only in BCMI but all over the Philippines
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Bacolod Our Lady of Mercy Specialty Hospital Employees Union-NAFLU-KMU, Philippines2 years ago Comments: -
Ronald Ian Evidente, Philippines2 years ago Comments: -
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