Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 356, Marzo 2010

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

1. 150. 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 2009 meeting. On that occasion, the Committee regretted 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 the measures taken pursuant to the Committee’s recommendations respecting these persons. It once again urged the Government to take the relevant steps without further delay to ensure 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 (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. As concerned Luz Galang and Conrado Maraan Jr, the Committee requested 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.
2. 151. The Committee also reiterated its previous recommendations requesting the Government to: (1) transmit a copy of Memorandum Circular No. 6, series of 1987 regulating the right of government officials to engage in strikes and mass actions; (2) institute an independent inquiry without delay in respect of the allegations relating to the non-payment of the 10,000 Philippine pesos (PHP) 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; (3) inform it 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 was handed down; and (4) 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. The Committee further requested the Government to provide its observations on the communication of the Public Services Labor Independent Confederation (PSLINK) dated 12 December 2008 [see 353rd Report, paras 240–244].
3. 152. In a communication dated 15 January 2010, the Government indicates, with regard to Annie Geron, Mitzi Barreda, Rafael Saus, Luz Galang and Conrado Maraan Jr, that contact has been established and that discussions on the possible reinstatement within TESDA, the Department of Labor and Employment (DOLE) and other governmental agencies as well as the payment of benefits legally due are being considered. The Government adds that other options such as provision for livelihood assistance are being explored, and that a progress report would be provided.
4. 153. As concerns Ramon Geron (whose dismissal was deemed illegal by the CSC in a June 2008 decision that was appealed by TESDA Director Augusto Syjuco; the matter remains pending) the Government states that TESDA has manifested its willingness to abide by the decision of the CSC in the pending motion for reconsideration. It adds that the lengthy delay in a final review is largely due to the heavy caseload and changes in the leadership of the CSC. The Government indicates, finally, that a new chairperson of the CSC has now been appointed and that the DOLE and the Public Sector Labor Management Council (PSLMC) will work out the immediate resolution of the pending motion.
5. 154. The Committee notes the Government’s information. From the information received by the High-level Mission to the Philippines that took place from 22 September to 1 October 2009, the Committee also notes that in July 2009 the CSC found the dismissals of Annie Geron, Mitzi Barreda and Rafael Saus invalid. In its decision the CSC determined that the three trade unionists were guilty of simple misconduct punishable by suspension for six months without pay, which was deemed to have already been served by them as they had previously been dropped from the payroll. The Committee further notes that Luz Galang has reported back to the central office after TESDA lost its motion for reconsideration of the August 2007 decision of the CSC declaring her transfer order invalid. In respect of Conrado Maraan Jr, the Committee notes that he had reported back to his original workplace, but decided to relocate to the Abra office due to harassment.
6. 155. Noting the Government’s statement that measures for the reinstatement of Annie Geron, Mitzi Barreda and Rafael Saus were being considered, the Committee reiterates its request to the Government to take the necessary measures to ensure that their transfer orders are annulled, and that they are reinstated in their previous posts and compensated for any wages lost in relation to their transfers.
7. 156. In respect of Ramon Geron, whose dismissal was deemed illegal by the CSC in a June 2008 decision that was appealed by TESDA Director Augusto Syjuco, the Committee notes that according to the Government TESDA has manifested its willingness to abide by the decision of the CSC in the pending motion for reconsideration, and that the lengthy delay is largely due to the heavy caseload and changes in the leadership of the CSC. The Committee expects that the pending Motion concerning Ramon Geron will soon be heard by the CSC and requests the Government to transmit a copy of the CSC’s decision once it is handed down.
8. 157. Noting that the Government provides no information with respect to its other previous recommendations, the Committee once again repeats its requests to the Government to: (1) institute an independent inquiry without delay in respect of the allegations relating to the non-payment of the PHP10,000 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; and (2) inform it 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.