The TRO was issued last April 5, also the day of the election set by DOLE.
PALEA mobilization chairman Ed Oredina said the labor department’s move to schedule and conduct PALEA’s election was in violation of the union’s constitution and by-laws as well as certain provisions of the Labor Code and the workers’ right to self organization.
"It is incomprehensible that the DOLE blatantly intervened in the processes of PALEA when it is not supposed to do so because it is only the union and no one else which decides on internal matters," he pointed out.
He said the labor department "is not authorized to conduct the election of PALEA because the role of DOLE, in the context of an earlier department decision regarding a failed election in February 2000, is only to supervise any election called for by Paleans through their union."
"That department order remains in force, and this election scheduled by DOLE is an aberration, so to speak. It is like it’s (DOLE) in a straitjacket by its own doing and is now trying to disengage itself and saying it wants out," Oredina said.
He said the very department that should be upholding the Labor Code is the same agency that is vulgarizing the essence of the Labor Code. "Worst, the present labor officials disregarded the order of the previous labor officials."
He stressed that DOLE’s election order via issuing a certification election is illegal because its issuance only applies when there is no existing bargaining agent representing the workers.
Oredina explained that in PAL’s case, the PALEA has been the recognized representative of the workers at the bargaining table. "So it is irresponsible of DOLE to have forgotten or overlooked this important provision in the Labor Code."
Oredina expressed dismay at the actuation of the labor officials, saying that despite the restraining order, department officials decided to push through with the elections. He said this was "in direct defiance of a legal order of no less than the Appeals Court, which only sowed further confusion and divisiveness among our members." He clarified that the present set of PALEA leadership is not against the holding of elections, and has, in fact, attempted to convene a "commission on elections" as mandated by its rules and as have been practiced ever since.