Workers air gripe over ‘unjust labor’

CEBU, Philippines – Citing "unfair labor practices," some 31 workers of Cenapro Chemical Corp. yesterday staged protest in front of the company's office in Barangay Jagobiao, Mandaue City.

The workers, who were members of Cenapro Chemical Employees Association, were on strike due to the management's alleged decision to terminate contract of some of its workers and to impose forced overtime work.

In their notice of strike, workers have asked, among others, the lifting of termination and the correction of company's "unfair labor practices."

Arleigh Tigley, union president, said they held the strike after the management called for his termination as machine operator of the firm.

Tigley said the management has also ordered the same against Carlo Ogalbot, one of the company's supervisors who also serves as the union's vice president.

He believes the management now wants to allegedly terminate their employment after they lodged several complaints against the company before the National Conciliation and Mediation Board.

CCEA belongs to the umbrella of Alliance of Nationalist and Genuine Labor Organizations - Kilusang Mayo Uno.

Forced to work?

Yesterday, the workers  complained that they are made to render forced overtime work by the management.

Tigley said although workers are being paid, most of them cannot stand working 16 hours per day.

He said they have suggested for the hiring of additional workers but the management reportedly has not considered the idea.

Tigley has also accused the management of "union busting," saying they used to have 46 members but are now down to 31 as the management has no longer hired regular workers even if there were vacancies made by retiring employees.

Instead of regularizing employees, Tigley said the management merely filled in the available slots by hiring contractual employees.

The company's Collective Bargaining Agreement, Tigley said, stipulates that an employee should first be given a chance to be heard to defend himself from accusations against him before he can be penalized.

However, he said their cases were no longer being heard by the grievance committee and instead, the management immediately imposed suspension.

Management surprised

Lawyer Cecilia Go, Cenapro's legal counsel, however, denied reports that they have called for the termination of some workers.

Go also belied that they have suspended Tigley or any worker.

She said the issue may have stemmed from Tigley being made to explain by the management after it was found out that he left his "important" job as machine operator just to attend a hearing at the NCMB.

Go shared that Cenapro received the notice of strike as early as August.

The management had a hearing with union representatives last Friday afternoon to come up with a middle ground on the impending strike.

Thus, it was decided that the two camps meet this Monday at NCMB, which serves as their mediator.

But Go said they were surprised to learn that the workers pushed through with their strike as early as 1 a.m. yesterday, abandoning their respective jobs and leaving only four casual employees working.

Go also said the company has imposed overtime work merely because some of the workers, specially the union's top officials, do not report for work at times.

Cenapro can't afford to operate below its average production requirements because of the huge market demand, Go stressed.

"Unsa ma'y gusto nila (workers)? I think they are forcing this company to shut down," she said, adding that the workers have been "too demanding."

'No busting'

Go also dismissed allegations that the company is busting the CCEA union.

She hinted that Tigley may be using the union to advance his personal interests, revealing that as Tigley is set to retire in 2016, he is allegedly asking the company for an increased retirement rate.

Company officials said Tigley already has a pending case with the firm for once leading a picket within the premises of the workplace, specifically inside the company's plant.

Resolved issues

Despite this, Go maintained that the company has not been remiss in promoting the general welfare of all its workers.

In fact, under the CBA, a salary increase of P35 a day is ready to be implemented for the workers, which is set to be retroactively applied from February of this year.

Their meal and transportation allowances will also be increased to P1,800 and P1,000, respectively, from the current P1,560 to P900 per month. These are on top of their monthly Cost of Living Allowance provision of P250.

But the union and the employer could not seem to agree on the terms of the agreement; hence, it's implementation is still hanging until now.

As the two quarters are snagged in a CBA deadlock, Cenapro suggested to get a third party to help them decide, but CCEA is reportedly being "uncooperative."

NCMB Director Edmund Mirasol told The FREEMAN they will try to encourage the parties to sit down and talk things out again in the negotiation table.

Mirasol said they will ask the union to identify their concerns that need to be urgently addressed and then discuss these with the management.

He likewise assured that they will be closely working with the Department of Labor and Employment-7 in dealing with the issue.

As an industrial firm, Cenapro's main business is the production of activated carbon from coconut charcoal for use in shelter, water and air applications.