NLRC to striking store workers: No intimidation and no children

CEBU - The National Labor Relations Commission (NLRC) has issued a permanent injunction against the picketing members of the Independent Labor Association of Workers (ILAW) and Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP) who have been on strike for almost a month now against the Gaisano Capital.

The injunction however does not prohibit the continued holding of the strike by the labor union.

In a 16-page decision promulgated by the NLRC yesterday, Commissioner Aurelio Menzon only issued a prohibitory injunction against “any act of violence, coercion or intimidation or obstruct of the free ingress to or egress from the employer’s premises for lawful purposes, or obstruct public thoroughfares.”

The NLRC likewise prohibited the participation of children or allowing their presence during the strike and wearing of masks or cloth on the faces of the strikers.

A photo that was published by The FREEMAN on August 22 showed a child holding a placard in the picket line asking the store management to allow her mother to go back to work.

While the NLRC granted Taipan Development Corporation’s injunctive relief against the illegal acts of the striking employees, the labor court denied the company’s claim for damages for lack of merit.

The NLRC ruled that Gaisano failed to present substantial evidence to show that the ILAW, ALU-TUCP held an illegal strike.

On the contrary NLRC upheld the legality of the strike, the labor union having been able to present documents to prove that all the requirements for a strike were substantially complied with.

ILAW-ALU-TUCP filed a Notice of Strike with the National Conciliation and Mediation Board (NCMB) on June 19 before finally staging the strike on August 9.

The NLRC ordered the striking union members to be responsible and conduct their strike peacefully in accordance with Section 264 of the Labor Code.

The NLRC on the other hand denied ILAW-ALU-TUCP’s assertion to have the police officers stay 50 meters away from the picket line.

According to Menzon, policemen should be within the strike area to be able to immediately respond to any act of violence between the parties.

A commotion erupted a few weeks ago when striking members were forcibly dispersed by policemen led by no less than Cebu City Mayor Tomas Osmeña.

The mayor went to the picket line allegedly in response to the store management’s request for assistance because of alleged illegal acts of the strikers.

Osmeña, armed with shotgun and a handgun, shooed the strikers away from the picket line.

The mayor admitted brandishing firearms at the rally site, but said he was just protecting himself from the protesters as some of them were covering their faces.

ILAW-ALU-TUCP threatened to press charges against the mayor but until now no case has been filed.

A reliable source told The FREEMAN that Osmeña and the bigwigs of ALU-TUCP have made amends already as they were seen in a dinner together. — /NLQ