Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 392, Octubre 2020

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

1. 157. The Committee last examined this case, which was submitted in September 2016 and which concerns allegations of anti-union practices, including anti-union dismissals and harassment, and the failure of the authorities to take corrective measures, at its June 2019 meeting [see 389th Report, paras 79–85]. On that occasion, the Committee requested the Government to keep it informed of the decisions of the National Labour Relations Commission (NLRC) in relation to the allegations of massive dismissals of trade unionists, both on the ground of their involvement in the establishment of a trade union and for their participation in the 2013 strike, as well as of the outcome of the mediation–conciliation proceedings ongoing between the parties. The Committee also requested the Government once again to take the necessary measures to ensure that, in the future, appeals of administrative dissolution orders have a suspensive effect on both the cancellation of a trade union’s registration and its delisting from the legitimate labour union register.
2. 158. The Government provides observations in a communication dated 1 October 2019. With regard to the allegations that 58 workers were dismissed for exercising their right to strike, the Government states that the November 2016 decision of the Executive Labour Arbiter, declaring the 2013 strike illegal, and directing the company  to pay the 12 respondent strikers their separation pay of one month’s salary for every year of service on humanitarian grounds, was appealed before the NLRC, which affirmed the Arbiter’s decision. A motion for reconsideration was filed but it was denied by the NLRC in August 2017. The Government adds that as per information from September 2018, the three cases involving the company docketed before the Court of Appeals were consolidated into one case, which is now before the Court of Appeals – Cagayan de Oro City for resolution.
3. 159. The Government also reiterates information provided previously that appeals against administrative dissolution orders have a suspensive effect and the order granting the delisting of the United Workers of Citra Mina Group of Companies Union (UWCMGCU) from the roster of legitimate labour unions did not result in the cancellation of its registration as the union remained entitled to the rights granted under the Labour Code.
4. 160. The Committee takes due note of the information provided by the Government. It notes in particular that the NLRC affirmed the 2016 decision of the Labour Arbiter, declaring the 2013 strike illegal and directing the company to pay a separation pay to 12 strikers, and that the three cases involving the company docketed before the Court of Appeals were consolidated into one case and are currently pending resolution. Albeit not clearly stated, the Committee understands from the above that the pending consolidated case covers the anti-union allegations raised by the complainant in this case. In these circumstances, the Committee cannot but regret that, notwithstanding a considerable lapse of time (more than six years since the alleged incidents), the proceedings at the national level have yet to give rise to a comprehensive resolution of the concrete dispute and the serious allegations of mass terminations on trade union grounds remain unresolved. Recalling that justice delayed is justice denied [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 170], the Committee expects that all anti-union allegations raised by the complainant – allegations of massive dismissals of trade unionists on the ground of their involvement in the establishment of the trade union and for their participation in the 2013 strike – will be fully examined in the framework of the ongoing procedure before the Court of Appeals, that the Court will render its decision without delay and that, if the allegations are found to be true, the Government will take the appropriate remedial measures. The Committee requests the Government to keep it informed of the decision of the Court of Appeals once rendered, as well as of any other developments in this regard, including the outcome of the previously mentioned mediation–conciliation proceedings ongoing between the parties.