By KYLE EDWARD FRANCISCO

VIGAN CITY, Ilocos Sur — Times Employees Union (TEU), an affiliate of the National Federation of Labor Unions-Kilusang Mayo Uno (NAFLU-KMU), commenced its 400 kilometer march-caravan from here to the National Labor Relations Commission National Capital Region (NLRC-NCR) at 9:00 am on November 2 to press for the implementation of the final Supreme Court ruling rendered on December 16, 2009.

WALK FOR JUSTICE. Members of Times Employees Union from Vigan, Ilocos Sur embark on a 400 kilometers walk to the National Labor Relations Commission. They are pushing for the implementation of the Supreme Court ruling granting the workers P47 million in back wages, denied benefits. As of 1:00 PM November 3, the workers have reached Aringay, La Union. Photo courtesy of Sherwin de Vera

Tempering the Union

In 1997, TEU was formed to demand for better working conditions and was subsequently able to acquire a certificate of union registration. Times Transit Inc, a transport company, in its effort to impede the budding consciousness of the workers for collective action, challenged the legitimacy of TEU and filed a petition for the cancellation of its registration, and dismissed members of TEU. It then also tried to form a union under its influence.

In response, TEU launched their first united action on March 3, 1997 by declaring a strike. Then Labor Secretary Leonardo Quisumbing, upon petition from Times, the company, assumed jurisdiction of the case, issued a return-to-work order on March 10, and referred the matter to the NLRC for compulsory arbitration.

On August 8, the same year, TEU filed a Notice of Strike citing the refusal of Times to face and sit-down with the representatives of the union for the negotiations of a collective-bargaining agreement. Another mediation proceeding was conducted. However, on September 16, Times sent notice of retrenchment to some of the workers identified with TEU effective in 30 days thereafter.

“On the basis of unfair labor practice by the Times management, we called for a strike vote on October 17, 1997, and immediately went into action with the support of our families and friends. “ recalled Ka Noel Susa, current Secretary of the union.

For participating on what Times considers as an illegal strike, 123 workers were terminated. Sec. Quisumbing issued the second return-to-work order on November 17, 1997 ending the strike. The terminated employees, however, were no longer admitted back to work.

Preempting possible monetary claims from the terminated workers, Santiago Rondaris, the owner of Times, sold the company’s Certificate of Public Convenience and a number of its buses to Mencorp Transport System, Inc. (Mencorp), who acquired the said Certificate on December 12, 1997.

Pol Nana, Board of Director of TEU recollected that, “Times and Mencorp mustered all their resources and were, in fact, successful in buying-out two of our key leaders while our cases were in progress.” He even recounted the time when their sell-out union president told them to find their own lawyer because the president is pursuing other remedies on the issue.

It was after the series of sell-out by some of their officers and the lack of experience that TEU decided to seek the assistance of other labor groups. It was Ka Nori Arcaina, current TEU President, who was tasked by the union to go to the Manila and look for a labor center willing to assist them with their legal battle. This decision led them to the National Federation of Labor Unions-Kilusang Mayo Uno (NAFLU-KMU).

“What NAFLU-KMU gave us was more than we asked for, they did not only provide us with the necessary legal assistance and experience but also allowed us to appreciate the value of collective action; above all, it was this labor center who provided us with the correct principle of genuine, nationalist and militant unionism that guided us all throughout our struggle,” he added.

Long and winding road to victory

The first decision relevant to the case referred to NLRC for compulsory arbitration in March 1997 was rendered on May 21, 1998 declaring that the first union strike from March 3-12, 1997 as legal and the second strike illegal. The decision further noted that 23 workers were validly dismissed and the “Motion to Implead Mencorp Transport System, Inc. and/or Virginia Mendoza and/or Santiago Rondaris” is denied for lack of merit.

Both Times and TEU appealed the NLRC decision, which was upheld by the Court of Appeals (CA) on November 17, 2000. The motion for reconsideration by both parties was, likewise, denied.

Meanwhile, separate cases were filed by the retrenched workers, including non-TEU members for illegal dismissal, money claims, and unfair labor practices against Times before the Regional Arbitration Branch in San Fernando City, La Union which the management countered with a petition to dismiss. The case was ordered to be archived pending the resolution of the petition of Times to review the May 21, 1998 ruling.

The dismissed workers through the leadership of TEU and now assisted NAFLU-KMU withdrew their complaint and filed a new set of cases before the National Capital Region (NCR) Arbitration Branch adding Mencorp and the spouses Reynaldo and Virginia Mendoza. Times, claimed forum shopping and sought the dismissal of the case.

A decision was rendered by Labor Arbiter Renaldo Hernandez on January 31, 2002 declaring that actions made by Times management “constituted to the prohibited act of unfair labor practice” enshrined in the Labor Code, and the sale of the company was “simulated and/or effected in bad faith.” It also ordered the reinstatement of dismissed workers, payment of their back wages from the time they were illegally dismissed, and payment of moral and exemplary damages. It was a combined amount of P75,000 each and 5% for attorney’s attorney’s fees.” The total monetary claim of the workers amounted to P43,347,341.69.

Times, Mencorp and Spouses Mendoza utilized all available legal remedies and loopholes their lawyers could find to reverse the ruling and derail the implementation of NCR Arbitration Branch ruling. The initial victory was almost lost when on September 17, 2002, the NLRC ruled to remand the case back to the NCR Arbitration Branch. The NLRC decision was, however, set aside and reinstated the prior decision of Labor Arbiter Hernandez by the CA on January 30, 2004.

The case dragged on for another five years before the Supreme Court issued a ruling on December 16, 2009 with finality on denying all claims of Times, Mencorps and the Mendozas, and affirming the January 20, 2004 CA resolution.

So near, yet so far

Despite the final ruling by the highest court of the land, justice remains elusive for the members of TEU. After more than 10 years wait since the first decision was rendered in 2002, not a single worker was reinstated nor paid any substantial amount of their monetary claims.

TEU-NAFLU-KMU said, the NLRC actions in their case has exposed the inefficiency of the labor dispute settlement mechanism within the government. While a number of properties owned by Times, Mencorp and Spouses Mendoza have been levied by the NLRC-NCR Sheriff, actual execution to award the monetary claims have been very slow. Complicating matters was the recent filing of a “Petition to Inhibit” by Mencorp against Labor Arbiter Patricio Libo-on and the “Notice of Complaint ” was sent to Sheriff Ronnie Jalalain.

According to TEU, while they very much welcome the issuance of the 2nd Alias Writ of Execution by Arbiter Libo-on, they are very disappointed that despite the absence of a Temporary Restraining Order (TRO) from the court, the said arbiter gave a verbal order to Sheriff Jalalain not to continue with the execution that was scheduled on October 29 and 30, 2012. They further expressed their fear that said officials may submit to the pressures being exerted by Mencorp and their connections; the inhibition of Arbiter Libo-on from the case will only prolong the execution of the decision and cause them more hardship.

In their statement, TEU lamented that several of its members have died, waiting in vain for the execution of the decision while many of them lost their homes and were forced to give up the education of their children because of the economic hardship they faced after their dismissal, long process for the final resolution of the case and now, the slow implementation of the decision.

Victory through militant mass movement

TEU workers did not only depend on the legal proceedings to win their case. They constantly studied the different courses provided for by NAFLU-KMU designed to sharpen their leadership and negotiation skills. Leaders ensured that democratic and collective leadership was practiced by constantly briefing the members on the development of the case and soliciting their opinions on future plans and actions. Organizing was extended to the family members of the workers to enlighten them of the hardship that they also have to bear during the course of the struggle for their rights.

Union members participated in sectoral and multi-sectoral mobilizations and other socio-economic issues both local and national. TEU was one of the founding members of Bagong Alyansang Makabayan-Ilocos and other formations such as DUMP PPA! and Save Philippine Education Movement. They actively participated in the electoral campaigns from 2001 to the 2010 elections.

All these participations contributed to the consolidation of TEU making it effective at pursuing the case for 15 years against Times and Mencorp. The resolve and consolidation of the union are again being tested by the NLRC’s failure to push through with the execution of the decision last October 19 and 30. The union decided to give all they have and unanimously agreed to walk 400 kilometers from Vigan City to NLRC-NCR to demand what has been long due to them.

About 30 individuals composed of leaders, members of TEU-NAFLU-KMU in Metro Vigan, their families and supporters converged at the PUV Parking Station in Vigan City at 8:00 AM and marched along the main streets of Vigan City before taking to the National Highway going to Manila.

“We decided to take this action to send a message that we will not be cowed nor stopped by any machinations by Mencorp,” explains Ka Ronald Fariñas, TEU Vice President. “The hesitancy and inaction of the NLRC will not take away our militancy to claim what is rightfully ours nor overshadow a landmark victory not only for TEU but for all the unions in the transport sector,” he added.

The 30 individuals who started the march-caravan from Vigan City were later joined by other members riding their tricycles, motorcycles, and other small vehicles as they passed the town of Bantay. Another group of members with their families waited in Santa, who provided snacks and refreshments for the march-caravan. The Abra contingent joined the main group at the Narvacan-Bangued Junction road bringing the number of participants to more than 50 individuals.

The union also calls for the denial of the Petition for Inhibition filed by Mencorp Transport System Company, Inc. (operator of Dominion Bus) against Labor Arbiter Patricio Libo-on, who is currently handling the case, junking of the third party claim filed by a certain Melissa Lim, who supposedly bought Mencorp from Spouses Mendoza, and the release of the Writ of Execution for their P97 million claims for their back wages and other financial matters related to the case.

The group plans to reach Quezon City NLRC-NCR on Monday (Nov. 5) morning. The group spends the night of their first-day march at Bitalag, Tagudin and will continue their march-caravan tomorrow at 5:00 in the morning.

Growing Support

TEU’s move immediately garnered widespread support from different sectors and organizations in the region, especially in the province of Ilocos Sur where most of the members are based.

As the group marched, roadside residents’ offered food and water to the marchers. In many instances, people would ask about the issue and expressed their agreement with the union’s demand as well as their disgust for the Times and Dominion management/owners.

In a statement, Bayan Muna Ilocos immediately expressed its support to the workers and called for all its members to extend whatever assistance they could provide for the march-caravan and assailed the NLRC’s inaction.

“The apparent backtracking of NLRC to implement the decision is a clear negligence of its mandate and manifestation of its empty claim of fair and just labor dispute arbitration, and classic example of the Aquino government’s tuwid na daan slogan going crooked and leading a country away from social justice and worker’s rights protection,” the statement said.

The Ilocos Sur Ecumenical Movement extended their solidarity to the workers plight and vowed to include their issue in their advocacies and prayer.

Solidarity of Peasants Against Exploitation also called on all its members to tender support, including mobilization to welcome and escort the marching workers for its chapters that are able to muster enough members in the shortest possible time. # nordis.net