{"id":25998,"date":"2012-12-03T10:34:07","date_gmt":"2012-12-03T10:34:07","guid":{"rendered":"http:\/\/www.clearwaterphilippines.com\/wordpress\/?p=25998"},"modified":"2012-12-03T10:34:07","modified_gmt":"2012-12-03T10:34:07","slug":"cdc-execs-bolt-out-of-cba-hearing","status":"publish","type":"post","link":"http:\/\/www.clearwaterphilippines.com\/resort\/2012\/12\/cdc-execs-bolt-out-of-cba-hearing\/","title":{"rendered":"CDC execs bolt out of CBA hearing"},"content":{"rendered":"

The 48 delegates of the 5th World Social Forum on Migration (WSFM) are welcomed by Pampanga Gov. Lilia Pineda, Board Members Fritzie David-Dizon and Trina Dizon, PACOC unit head Eliza Mu\u00f1oz, Provincial Administrator Andres Pangilinan and Mabalacat Councilor Cherry Manalo at the Capitol on Wednesday. \u2013Photo by Ric Gonzales
\nCLARK FREEPORT\u2013Representatives from the Clark Development Corporation (CDC) walked out during a hearing that sought to resolve the issues of implementing the collective bargaining agreement between the management and its employees.
\nCDC management representatives, led by Corporate Services Group Vice President Pepito Galang; lawyers Joan Vitug-Evangelista and Bonifacio Tarenio; and Human Resource Department Manager Thelma Ocampo, together with an attorney from the Office of the Governance Commission on GOCC (GCG), walked out of the hearing called on November 28.
\nThe hearing was called upon by Accredited Voluntary Arbitrator (AVA) Atty. Froilan Bacungan regarding the motion for execution filed by the Association of CDC Supervisory Personnel (ACSP) against CDC.
\nEarlier, the AVA rendered a decision in favor of the ACSP on November 5, recognizing their constitutional right to collective bargaining as provided in Article XIII, Sec. 3 of the Constitution.
\nHowever, after the mandatory 10 calendar days from receipt of award, by which it is deemed final and executory, the CDC management failed to implement the decision.
\nThe AVA further noted that the various economic provisions of the CBA, which includes among others, salary increases, Personal Economic Relief Allowance (PERA), uniform allowance, clothing allowance and other benefits which were submitted by CDC to the President of the Philippines through the GCG for approval, should be presumed approved considering the Article 4 provision of the Labor Code.
\nSince it received no motion for reconsideration, temporary restraining order and\/or writ of preliminary injunction, AVA ordered the immediate execution of the decision by the CDC especially the signing of bonus and other allowances.
\nThe CDC management representatives requested for a 10-minute recess after hearing this decision, and arbitrarily decided not to come back to the hearing without informing the AVA.
\nThe CDC management representatives have questioned the jurisdiction of the AVA to hear and resolve the labor case between the CDC and ACSP from the onset of the voluntary arbitration.
\nAlso, the CDC management representatives insisted that the AVA has no jurisdiction over a case which questioned the non-implementation of a signed CBA between a non-chartered Government Owned and Controlled Corporation (GOCC) and its union pursuant to the enactment of RA10149 (GOCC Law) and Executive Order 7.
\nCDC labor union representatives viewed their walk out as \u201cblatant disregard by the CDC management of existing procedures of the Labor Code and the basic rights of employees to CBA as enshrined in the Philippine Constitution.\u201d
\nThe CDC management has earlier elevated this case for review to the Court of Appeals and is requesting for a TRO from the court.
\n\u201cThis move on the part of management is a clear manifestation of the CDC\u2019s bad faith in the negotiation process and intention not to implement the decision of the AVA,\u201d Engineer Victor Barbieto, ACSP president, said.
\nEngineer Bernadette Mangio, chairman of the ACSP-CBA committee, appealed to the CDC management to give the rightful salary increase and other benefits of the CDC supervisory personnel in the spirit of the Christmas season.
\nMangio said that the whole CBA package to date, amounts to about P5.5 million, \u201cwhich is a small amount considering that the CDC supervisory employees waited five years for this increase.\u201d
\nThe ACSP officers lamented the total disregard of CDC management to their plight and even sued their own employees in court, instead of finding ways to resolve the issue for the benefit of all.
\nCDC lawyer Tarenio, defended before the AVA the CDC position not to grant any economic benefits in the signed CBA without securing clearance from the Governance Commission on GOCC (GCG) and the Bases Conversion Development Authority (BCDA) citing as legal impediments Section 9 of E.O. 7 which calls for moratorium on increases in salaries and other benefits, and the enactment of R.A. 10149 or the GOCC Law.
\n\u201c[Tarenio] is nothing but consistent in his wrong position that CBAs are under the purview of the GCG and has advised the CDC management to submit the entire CBA for review and approval of the GCG,\u201d ACSP President Barbieto said.
\nBarbieto also said the prolonged CBA negotiation deadlock, and non-implementation fiasco stems from this wrong premise on the part of the CDC management.
\n\u201cEven the GCG Chairman Villanueva previously questioned to the ACSP, why CDC submitted the entire CBA for approval, when the GCG\u2019s main mandate was to develop the Compensation and Position Classification System (CPCS) first,\u201d Barbieto said adding that, \u201cAt the most, the CDC should have submitted the salary increase package of the CBA to the GCG for comments, but not approval.\u201d \u25cf\u2013Charlene A. Cayabyab<\/p>\n

http:\/\/www.headlinegl.com\/cdc-execs-bolt-out-of-cba-hearing\/<\/p>\n

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