Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

Effect given to the recommendations of the Committee and the Governing Body

1. 240. The Committee last examined this case, which concerns discriminatory acts (attempts to curtail freedom of expression, suspension without pay, work transfers, termination of employment, withholding of financial incentives and filing a libel lawsuit against a trade union leader) against trade union members in retaliation for having participated in anti-corruption proceedings and protests targeting the Technical Education and Skills Development Authority (TESDA) at its March 2008 meeting [see 349th Report, approved by the Governing Body at its 301st Session, paras 1181–1221]. On that occasion, the Committee formulated the following recommendations:
   • (a) Recalling that the right to organize public meetings constitutes an essential element of freedom of association, the Committee requests the Government to transmit a copy of Memorandum Circular No. 6, series of 1987 regulating the right of government officials to engage in strikes and mass actions.
   • (b) The Committee requests the Government to confirm that the transfer orders of Annie Geron, Mitzi Barreda and Rafael Saus have been effectively annulled and that they have been reinstated in their previous posts, in line with the decision of the Civil Service Commission, and to ensure that they are fully compensated for both the 90-day period of suspension and the period during which they were dropped from the TESDA payroll, as well as any other damages incurred as a result of the invalidated transfers. With regard to Luz Galang and Conrado Maraan Jr, the Committee requests the Government to repeal their transfer orders and reinstate them in their previous posts, if they so wish, and compensate them for any wages lost in relation to the transfer. The Committee requests the Government to keep it informed of developments in this regard.
   • (c) The Committee requests the Government to institute an independent inquiry without delay in respect of the allegations relating to the non-payment of the 10,000 peso incentive to several union members and, if it is found that they were denied the incentive because of their trade union membership or activities, to ensure that they are fully paid the same incentive bonus as other workers. It requests the Government to keep it informed of the outcome of the inquiry.
   • (d) The Committee requests the Government to keep it informed of developments regarding the libel action initiated by Mr Syjuco against Ms Annie Geron for statements made to the press, and to transmit a copy of the Court’s judgement as soon as it is handed down.
   • (e) The Committee requests the Government to institute an independent inquiry without delay into the matter of the dismissal of Ramon Geron and, if it has been found that he was dismissed unfairly, to ensure that he is reinstated in his post with full compensation for lost wages and benefits. It requests the Government to keep it informed of the outcome of the inquiry.
2. 241. The complainant Public Services Labor Independent Confederation (PSLINK) provided additional information in communications dated 2 and 26 June and 12 December 2008. In its communication of 2 June 2008, the complainant indicates that the TESDA director seems determined to frustrate the Committee’s decision and use the power of his office to continue to deny the union officials their work and income and to break up the local union SAMAKA TESDA PSLINK, thereby sowing fear in the other members and the rank and file employees of TESDA. In particular, despite writing two letters to draw TESDA’s attention to the need to implement the Committee’s recommendations, the agency failed to do so. In its communication of 26 June 2008, the complainant forwards the response of the Civil Service Commission (CSC) to the union’s letter requesting the CSC to uphold and implement the recommendations of the Committee as well as Resolution No. 080945 of the CSC issued on 22 May 2008. It emerges from the documents forwarded by the complainant that, following a motion for reconsideration of the CSC Resolution
3. No. 07-1607 of 28 August 2007 – which declared invalid the TESDA orders reassigning the trade union officials to different TESDA provincial and district offices and declared invalid the memorandum of 23 February 2007 dropping Annie Geron from the rolls – the execution of Resolution No. 07-1607 was stayed. Moreover, CSC Resolution No. 08-0945 of 22 May 2008 resolved the motion for reconsideration by modifying the previous CSC Resolution to the effect that while the reassignment of the trade union officials is still declared invalid, the decision to drop Annie Geron along with other officials from the rolls is upheld. The union has apparently filed a motion for reconsideration along with TESDA.
4. 242. The Committee regrets the decision to drop from the payroll Annie Geron, Mitzi Barreda, Rafael Saus, Luz Galang and Conrado Maraan Jr as well as the absence of information from the Government on measures taken pursuant to the Committee’s recommendations and in reply to the follow-up information provided by the complainant. The Committee once again recalls that no person shall be prejudiced in employment by reason of trade union membership or legitimate trade union activities, whether past or present, and that protection against anti-union discrimination should cover not only hiring and dismissal, but also any discriminatory measures during employment, in particular transfers, downgrading and other acts that are prejudicial to the worker. The compensation for acts of discrimination, moreover, should be adequate, taking into account both the damage incurred and the need to prevent the repetition of such situations in the future [see Digest, op. cit., paras 770, 781 and 844]. The Committee reiterates its previous recommendations and urges the Government to take the relevant steps without further delay to ensure that the transfer orders of the abovementioned individuals have been effectively annulled and that they have been reinstated in their previous posts, in line with the decision of the CSC, and to ensure that they are fully compensated for both the 90-day period of suspension and the period during which they were dropped from the TESDA payroll, as well as any other damages incurred as a result of the invalidated transfers. The Committee requests to be kept informed of developments. With regard to Luz Galang and Conrado Maraan Jr, the Committee further requests the Government to indicate the measures taken to repeal their transfer orders and reinstate them in their previous posts, if they so wish, and compensate them for any wages lost in relation to the transfer.
5. 243. Further, given the absence of any information from the Government, the Committee once again requests the Government to institute an independent inquiry without delay in respect of the allegations relating to the non-payment of the 10,000 peso incentive to several union members and, if it is found that they were denied the incentive because of their trade union membership or activities, to ensure that they are fully paid the same incentive bonus as other workers. It requests the Government to keep it informed of the outcome of the inquiry.
6. 244. The Committee also reiterates its previous recommendations concerning the right of government officials to organize public meetings, the libel action taken against Ms Annie Geron and the need for an independent inquiry into the dismissal of Ramon Geron and requests the Government to keep it informed of the steps taken in this regard and to provide it with a copy of Memorandum Circular No. 6, series of 1987, regulating the right of government officials to engage in strikes and mass actions. The Committee further requests the Government to provide its observations to the communication from PSLINK dated 12 December 2008.