Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 356, Mars 2010

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

1. 143. The Committee last examined this case at its March 2009 meeting [see 353rd Report, paragraphs 223–239], at which time it made the following recommendations:
   • – To take measures for an independent review of the dismissal of the entire committee of the USAEU (Theodore Neil Lasola, Merlyn Jara, Julius Mario, Flaviano Manalo, Rene Cabalum, Herminigildo Calzado, Luz Calzado, Ray Anthony Zuñiga, Rizalene Villanueva, Rudante Dolar, Rover John Tavarro, Rena Lete, Alfredo Goriona, Ramon Vacante and Maximo Montero) and to take active steps to ensure a conciliation with the university regarding their reinstatement.
   • – To institute an independent inquiry into the allegations of employer interference (financial incentives for trade union members to vote for another committee) and, if they are confirmed, to take all necessary measures of redress including sufficiently dissuasive sanctions.
   • – To take all necessary measures in respect of the requested independent inquiry into the allegations of anti-union discrimination in the Eon Philippines Industries Corporation and the Capiz Emmanuel Hospital in Roxas City, and if the acts of anti-union discrimination are confirmed, to take measures to ensure that the workers concerned are reinstated in their posts without loss of pay.
2. 144. The complainant provided follow-up information in communications dated 15 July, 5 August and 3 October 2009, as well as 9 February 2010. Further to its previous allegations, the complainant indicates that, under the order of the city Mayor of Iloilo, the strike area, where the striking teachers had been on the picket line for four and a half years in their fight for justice for the 15 illegally dismissed USAEU committee members, has been demolished on 24 July 2009 and repeatedly thereafter, on the excuse of violation of a local ordinance concerning the use of public sidewalks. The complainant states that the complaint filed with the office of the ombudsman against those responsible for the demolition has provided no relief, nor did the petition asking for compliance with the ILO recommendations and reinstatement of the illegally terminated union officers. Furthermore, the complainant organizations supplies information showing that the issue of the legality of the dismissal of the USAEU committee is still pending before the Court of Appeals. It also indicates that a petition to nullify the unauthorized and illegal election of officers in 2006 was filed on 2 April 2009 and is still pending before the Courts of Appeals.
3. 145. In its reply of 15 January 2010, the Government indicates that, following the high-level ILO mission’s suggestion of conciliating a solution such as reinstatement in another service, the DOLE has established contacts with the concerned officials from both union and management, but exploratory talks have yet to be started. In this regard, the complainant organization informs, in its most recent communication, that it attended a meeting organized by the DOLE regional director on 8 February 2010 in Iloilo City. The complainant qualifies the meeting as disappointing, as the Committee’s conclusions and recommendations in the present case were not at all discussed, and the DOLE officials were only keen on hearing the “demands” of the alleged “new set of union officers”.
4. 146. The Committee notes the information provided by the Government, as well as the complainant’s indication that a meeting took place on 8 February, which was considered as disappointing, since the Committee’s recommendations have not been discussed. The Committee requests the Government to initiate exploratory talks without delay between DOLE, the University San Agustin and the USAEU, for the purpose of conciliating a solution to this long-standing case, bearing in mind the Committee’s previous recommendations, and to keep it informed of the outcome of those exploratory talks. The Committee recalls that the union officers were dismissed for not having ensured immediate compliance with an assumption of jurisdiction order issued under section 263(g) of the Labour Code which has been repeatedly found to be contrary to freedom of association principles. The Committee once again recalls in this regard that it has always considered that sanctions for strike action should be possible only where the prohibitions in question are in conformity with the principles of freedom of association [see 350th Report, paragraph 199, see also Case No. 2252 concerning the Philippines, 332nd Report, paragraph 886, and 350th Report, paragraph 171.] Noting the complainant’s indication that legal proceedings are ongoing concerning the legality of the dismissal of the USAEU committee, the Committee requests the Government to keep it informed of any ruling handed down in this regard, and to take active steps to intercede with the parties so that the USAEU committee members who were dismissed further to their participation in strike action are reinstated immediately in their jobs under the same terms and conditions prevailing prior to the strike with compensation for lost wages and benefits. The Committee requests to be kept informed of any progress made with a view to a speedy and equitable resolution of this long-standing case.
5. 147. The Committee notes the indication of the University San Agustin to the high-level mission that the complainants have called into question the legitimacy of the new officers of the unions, but that the latter were registered by the DOLE. It also notes the complainant’s indication that legal proceedings are ongoing to nullify the 2006 election of officers. Noting that the Government does not provide any information on the Committee’s previous recommendations with regard to the allegations of employer interference (financial incentives for trade union members to vote for another committee), the Committee recalls that Article 2 of Convention No. 98 establishes the total independence of workers’ organizations from employers in exercising their activities [see Digest, op. cit., paragraph 855] and that Article 3 requires the establishment of an effective mechanism of protection in this regard. The Committee requests the Government to keep it informed of any ruling handed down in the existing legal proceedings for nullification of the 2006 election of union officers. It requests the Government to ensure that if the allegations of employer interference are confirmed, all necessary measures of redress are taken, including sufficiently dissuasive sanctions. The Committee requests to be kept informed of all developments in this respect.
6. 148. The Committee notes with regret the new allegations of the complainant that the strike area including the shelter and other paraphernalia of the picket line has been demolished repeatedly by order of the city Mayor. The Committee recalls that the prohibition of strike pickets is justified only if the strike ceases to be peaceful, and that action of pickets organized in accordance with the law should not be subject to interference by the public authorities [see Digest, op. cit., paragraphs 648 and 649]. The Committee therefore requests the Government to take measures to ensure respect for this principle.
7. 149. Noting finally with regret that the Government does not supply any information on the requested independent inquiry into the allegations of anti-union discrimination in the Eon Philippines Industries Corporation and the Capiz Emmanuel Hospital in Roxas City, the Committee once again urges the Government to take all necessary measures in this respect and, if the acts of anti-union discrimination are confirmed, to take measures to ensure that the workers concerned are reinstated in their posts without loss of pay. The Committee requests to be kept informed in this respect.