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December 4th, 2010 11:48 AM #171
not all palea member will join the strike... i have friends who will be retiring 4-5 years from now...why will we join the strike? paano ang separation and benefits?..sayang ang 20 years namin...
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December 6th, 2010 12:53 PM #172it's official... PALEA has filed notice of strike vote... abangan ang susunod na kabanata....
[SIZE="5"]PAL union to hold strike vote Dec. 7[/SIZE]
MANILA, Philippines—The Philippine Airlines Employees’ Association (Palea), the embattled ground crew union of Philippine Airlines (PAL), has delivered its notice of strike vote to the Department of Labor and Employment’s National Conciliation and Mediation Board (NCMB) this morning.
In a news release, Palea said the notice signals that it will hold a strike vote tomorrow, December 7, and expects to get the necessary majority support of its members.
Palea leaders delivered a notice of strike vote to the office of NCMB Executive Director Reynaldo Ubaldo at 8:30 a.m. with a copy furnished the Office of the Labor Secretary Rosalinda Baldoz at 8:55 a.m. This means that Palea can proceed with the strike vote from 9:00 a.m. to 12:00 midnight tomorrow.
“The strike vote is compliance with the requirements of the law. If management does not desist from harassing Palea members to avail of the separation offer which is tantamount to individual bargaining and therefore illegal then we will be forced to actually hold the strike,” warned Gerry Rivera, Palea president and vice chairman of the militant Partido ng Manggagawa (PM).
“Management continues to violate its own promise during the mediation last November 8 that PAL managers will refrain from discussing the issues with Palea members,” he said.
“We do make strike threats. We just do it when needed. That is why we are preparing the requirements for a strike which will happen at the appropriate time. A majority support of members assessed via a strike vote is necessary to hold a legal strike,” Rivera explained.
Palea explained that the strike vote does not constitute a transgression of the mediation efforts of the Office of the President (OP).
“We are not blackmailing Malacanang to favor our position but we are warning management for its illegal acts. It was Palea that asked for the intervention of President Benigno Aquino III into the PAL-Palea dispute and so it is illogical that we will sabotage it. The issue pending at the OP is separate though related to the case from which proceeds the strike vote,” Rivera explained further.
He clarified that the issue pending at the OP is PAL’s outsourcing plan which has been affirmed by Labor Secretary Baldoz while the strike vote arose from the complaint of individual bargaining by PAL management which constitutes unfair labor practice and union busting.
Rivera called on Palea members “to vote yes in the strike vote in order to defend our jobs and secure our future. Those who have their day off tomorrow should go to work to register their vote and express their sentiments.”
Some 3,700 Palea members from all PAL offices in Manila, the airports of Cebu and Davao, and even outlying stations in 14 cities nationwide will participate in the strike vote. Palea announced that everything is all set for the orderly conduct of the strike vote tomorrow.
I think PALEA is really gutsy on this issue... let's see ano resulta... pag natalo sila... mawalan sila ng credibility and the only recourse is to cry foul or cheating in the strike vote... which mahirap i-prove.. pero pag nanalo sila... it also says a lot...
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December 6th, 2010 01:18 PM #173
What if Malacanang declares illegal ang magiging strike? Can PAL management consider those who join the strike resigned and no longer recognize PALEA like what happened to the pilots's union in 1998?
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December 6th, 2010 01:40 PM #174in the first place, the declaration of the strike vote is a legal requirement... they have also filed a notice to strike (another legal requirement)... as far as i know yan ang mga requirements to do a strike.... may mga prescribed number of days in between the milestones... so maaaring doon ma technical pa... but assuming PALEA follows all the requirements stated by the law... i don't think Malacanang would have a basis to find it illegal...
another point is that, the finding of legality or illegality of the strike is in the hands of the NLRC, which eventually aakyat ng Supreme Court... so Malacanang (I think) could not do anything on this front... hanggang sa mediation sila and talks...
on the other issue naman na kung na consider as illegal yung strike, i think bago matanggal yung mga tao na nag strike may due process pa din... like a return to work order coming from the DOLE secretary ata... then kapag hindi pa rin nagpakita dun pa lang ma declare na terminated...
I think PALEA has also learned from the past lessons of strikers (be it within PAL or other big companies)... kailangan talaga sumunod sa requirements bago mag strike...
ang medyo nalilito ako is based on press releases.. parang paiba iba ang basis ng PALEA... nung una.. CBA deadlock (on the issue of retirement age, spin-off, financial package) kaya nag file ng notice of strike.... now, they are saying na ULP (unfair labor practice) since PAL management was dealing individually daw with PALEA members and not with the PALEA itself as the official bargaining unit... (di maiwasan na PALEA members inquire as to magkano matatanggap na package pag natanggal) ... PALEA is claiming na yung individual talks between PAL and PALEA member undermine the position of PALEA (which i think it does talaga) but masisisi mo ba management kung lumapit at mag inquire ang union member sa computation? hindi rin naman makakapag compute yung PALEA ng numbers since they don't have the data rin naman... natural sa management pupunta yung mga interesado malaman ang package...
*napalayo na ako sa topic ko*... ang hindi ako sure is... paiba iba ang basis ng PALEA sa bawat step... not sure if this is enough to declare it illegal... although kung lahat ng mga basis nya can be considered ULP, then I suppose okay lang since ULP is a valid basis for a strike...Last edited by wowiesy; December 6th, 2010 at 01:47 PM.
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December 6th, 2010 01:53 PM #175hayaan nyo na lang sila mag-relieve ng stress. pag nag-strike nila eh di nakuha nila gusto nila tapos tanggalin at palitan na sila lahat. to the traveling public tiisin nyo na muna yun hirap. konting tiis na lang at mapapalitan na ang mga tao na ang gusto lang ay kumabig ng kumabig at ayaw mag-adopt sa changing situation ng mundo
with PAL employees and NAIA customs officials being replaced, tomorrow will be a refreshing day. better service from new ones na hindi demanding
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the teachings/message of today is very clear. you cannot do the same thing over and over and expect to be paid larger or to get more. survival says that you have to accept your loses and start learning a new skill to cope out with the changing times if not then be "eaten".Last edited by jimnyeatworld; December 6th, 2010 at 01:57 PM.
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December 7th, 2010 03:58 PM #176It's past 3pm na.. tapos na kaya ang botohan? ano na kaya resulta? hehe
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December 7th, 2010 04:26 PM #177
Di ba hawak na ng DOLE ang kaso nila? And illegal na mag-strike ang PALEA kung ganun?
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December 7th, 2010 04:36 PM #178I don't recall an AJ order (Assumption of Jurisdiction) coming from the DOLE or the Palace... all talks have been in the spirit of mediation...
involved talaga ang DOLE since nag file na nga ng notice to strike .. pag nag file ng ganyan.. automatic sa NCMB ang case sigurado... NCMB ang DOLE agency that would try to make the parties talk para di matuloy ang strike... kung di pa rin magkasundo... either mag AJ ang DOLE, or umabot sa strike..
carefull din DOLE or Malacanang na mag AJ since this is viewed as anti labor move... dahil napipigilan yung labor side to exercise their rights...
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December 7th, 2010 05:43 PM #179
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December 7th, 2010 08:19 PM #180[SIZE="5"]PALEA pushes thru with strike vote[/SIZE]
http://www.abs-cbnnews.com/business/...ru-strike-vote
MANILA, Philippines - Members of the ground crew union labor of local carrier Philippine Airlines went ahead and cast their votes on Tuesday to decide whether to proceed with a strike that threatens to paralyze operations or not.
The strike vote, which involves around 3,000 ground crew members of the Philippine Airlines Employees Association (PALEA), has pushed through despite legal issues earlier raised by airline management. Labor Secretary Rosalinda Baldoz herself had warned PALEA that a formal appeal is the proper legal move, not a strike vote.
Votes were cast in various PAL work sites--including Manila, Davao, Cebu, and 14 other cities--started around 9 a.m. The proceedings were expected to end by midnight or early morning Wednesday.
"The final tally of the strike vote is expected after midnight tonight since highly operational PAL work areas like the airport services department, airport ticketing office, in-flight catering department, and the Mactan airport in Cebu where bulk of PALEA members are situated will have their balloting till 12:00 midnight," PALEA said in a statement.
As of noon, voting was being conducted in an "orderly and peaceful fashion," ABS-CBN News reported.
Legal basis
PALEA president Gerry Rivera insisted that the holding of the strike vote does not violate any law since they are simply exercising their right to freedom of speech.
Rivera said that the union only wants to get the sentiments of its members and insisted that holding a strike vote is "a requirement of the law."
"The strike vote should not be a threat to anybody, not Malacanang, not even PAL. So we are wondering why is PAL management afraid of the strike vote. Don't they want to know the opinions of their employees? Maybe they are terrified that their lies and propaganda will be exposed by an overwhelming support for the strike," Rivera said in a statement on Tuesday.
He added that the PALEA is optimistic they will get an overwhelming "yes" votes to warrant the strike or work stoppage.
The PAL management has warned the union that holding the strike vote is illegal because the issues are already pending before the government.
PAL has filed for presidential intervention last November 12, its spokesperson said.
The PALEA, however, insisted that what's pending at the Office of the President is the airline's outsourcing plan while the strike vote stems from a separate case of union busting and individual bargaining management.
Jurisdiction
Valdoz said in an interview at ANC's Headstart that PALEA should have first filed the same notice of strike balloting before Malacañang.
"We are advising PALEA thru NCMB (National Conciliation and Mediation Board), before whom they filed a notice to conduct a strike balloting, that they should be able to file officially the same notice to Malacañang before which authority [on] their case is now pending," Valdoz said.
She added that the legal way to move forward in the case is by appeal.
"I think the matter of striking on the issue is not countenanced by law since this is already a jurisdiction case by the labor department and it's a matter of implementing the decision," she said.
Background
The current row between PAL management and the ground crew started in 2009 when management decided to outsource non-core operations to cut costs amid stiff industry competition.
On October, labor secretary Baldoz decided that outsourcing is a management prerogative but requried PAL to increase the separation package for the 2,600 employees who will lose their jobs to P2.5 billion from P2 billion.
PAL accepted the requirements but PALEA did not. Eventually, PALEA officers accused PAL management of harassing its members into accepting the generous separation package.
PAL denied this, explaining that it was the PALEA members who asked the Human Resources unit to start computing how much their separation packages are worth since the some PALEA members stand to receive up to P1 million each.
Malacañang, which earlier vowed not to get involved in the management-labor row at PAL, said that President Aquino and the airline management had "cordial meeting" last November to discuss the legal and economic reasons for the outsourcing move.
PALEA then filed another a strike notice at the NCMB and resumed regular street protests, eventually leading to Tuesday's strike vote.
PAL is controlled by tycoon Lucio Tan. It has been dislodged by Gokongwei-led budget carrier Cebu Pacific in the domestic airline market but it remains the largest Philippine airline operating overseas. -- reports from Alex Santos, ABS-CBN News and ANC
on the labor front, kailangan magpakitang gilas ng PALEA (in the form of strike vote and notice of strike) sa mga constituents nila... but baka nga illegal sabi nga ng DOLE officer... gray area na siguro to.. and bago maging final and executory yung decision ng Supreme Court (kung umabot doon)... matagal na panahon na yun so calculated risk na siguro yun... yun nga lang.. kapag na declare na illegal sa lower courts.. tanggal agad yung tao kahit ma appeal pa sa higher court... backpay na lang hahabulin if ever pag nag decide na ultimately Supreme Court...
on the political front, the announcement of the strike will give pogi points to the party list na nakaupo na affiliated sa PALEA... so kailangan mag ingay para mag mukhang relevant pa yung organization nila at yung pinaglalaban nila...
it may also be a show of force... kung manalo ang YES sa strike vote... it shows they have the numbers... which may affect the decision of the Palace regarding the earlier decision ng DOLE na legal yung spin off... although dito mukhang mas concern ang Palace sa mas maraming travellers na maaapektuhan kung mag strike ang PALEA, vs sa mga 5,000 members daw ng union...
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