{"id":26166,"date":"2012-12-05T08:02:06","date_gmt":"2012-12-05T08:02:06","guid":{"rendered":"http:\/\/www.clearwaterphilippines.com\/wordpress\/?p=26166"},"modified":"2012-12-05T08:02:06","modified_gmt":"2012-12-05T08:02:06","slug":"employees-cdc-execs-wont-follow-ava-ruling","status":"publish","type":"post","link":"http:\/\/www.clearwaterphilippines.com\/resort\/2012\/12\/employees-cdc-execs-wont-follow-ava-ruling\/","title":{"rendered":"Employees: CDC execs won\u2019t follow AVA ruling"},"content":{"rendered":"

CLARK FREEPORT\u2013Executives from the Clark Development Corporation (CDC) continues to ignore the directive of the Accredited Voluntary Arbitrator (AVA) to implement the signed collective bargaining agreement between CDC and its supervisory union.
\nVice President Pepito Galang, chief of the Corporate Services Group (CSG), said the CDC management is not inclined to grant the order of the arbitrator lawyer Froilan Bacungan despite deciding on the constitutionality of the agreement made by CDC and its union\u2014the Association of CDC Supervisory Personnel (ACSP).
\nBacungan decision\u2019s favored 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.
\nBecause of the failure to execute the decision, Bacungan called for a hearing for the implementation of his order on Nov. 28 but after the motion of the CDC counsels were denied repeatedly, the CDC officials led by Galang walked out.
\nAside from Galang, others who walked out from the hearing to resolve the issue were lawyers Joan Vitug-Evangelista and Bonifacio Tarenio; and Human Resource Department Manager Thelma Ocampo, together with an attorney from the Office of the Government Corporate Counsel (OGCC).
\nACSP President Victor Barbieto 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
\nIn the order, Bacungan directed CDC to implement immediately economic provisions of the CBA, which includes among others, salary increases, Personal Economic Relief Allowance (PERA), uniform allowance, clothing allowance and other benefits under the CBA.
\nWith the continued defiance of CDC to implement lawful order, Bacungan directed the Department of Labor and Employment (DOLE) through the regional office of the National Conciliation amd Mediation Board in the City of San Fernando to see to it that the decision is effected immediately.
\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 Barbieto said.
\nMeanwhile, despite the non-implementation of the CBA the members of the ACSP are still appealing 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.
\n\u201cIt has been five years since we have an increased in our salary and it\u2019s only through CBA that we can negotiate for the increase of salaries and benefits of the members of the union,\u201d Barbieto said.
\nThe whole CBA package to date amounts to close to P6 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.
\nBarbieto also said the prolonged CBA negotiation deadlock, and non-implementation fiasco stems from this wrong premise on the part of the CDC management.
\nThe CBA was signed between CDC and ACSP on March 2012 during the term of former CDC President Felipe Antonio Remollo.
\nhttp:\/\/www.headlinegl.com\/employees-cdc-execs-wont-follow-ava-ruling\/
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