Detention of Compostela Workers without Legal Basis

Members of the Kilusang Mayo Uno - Southern Mindanao Region picketed at the Department of Labor and Employment today calling on the labor agency to decisively intervene in the ongoing labor dispute between the Nagkahiusang Mamumuo sa San Jose (NAMASAN-NAFLU-KMU) and the Fresh Banana Agricultural Corporation (FBAC) - AJMR/Sumitomo Fruit Corporation. The last conciliation brokered by the agency between the two parties was held on August 30, 2006.

KMU-SMR chided the National Conciliation and Mediation Board for dragging its heels on the labor dispute, and denounced FBAC for manipulating the civil court system to intrude in the case.

“The most recent schemes of the capitalists in FBAC have been to use the court system to obtain Temporary Restraining Orders (TROs) on the union’s picket. When their first attempt failed, FBAC management manipulated the growers into filing a baseless case against the workers with the objective of obtaining another TRO,” recounted Romualdo Basilio, Chairperson of KMU-SMR. “Most of the growers didn’t even know what they were signing, let alone its implications. Many of them were shocked to see their children and relatives put in detention.”

The export banana company under AJMR/Sumitomo Fruit Corporation filed a case for damages against the union that was dismissed on September 12 by the Regional Trial Court. A second case filed by the individual land growers at the coercion of FBAC is still pending in court, while seventy workers were recently detained for violating the TRO.

“The detention of the NAMASAN members had no legal basis. It was a tactic used by FBAC management to try to break the workers’ collective action that was affecting their profit. The workers were presented with some fabricated document while in detention that stated that if they stop holding their picket and end their strike they will be released,” Basilio scoffed. “This is a complete falsity that has no basis in our laws.”

“This incident only shows how the big capitalists can manipulate our court system and the police to serve their interests. This is a labor dispute, so any case filed in the civil courts against NAMASAN is outside of the jurisdiction of the courts. The workers’ basic rights are being trampled left and right, and where is the DoLE?” Basilio asked.

The labor center is calling for the decisive intervention of the DoLE in the dispute to reinstate the workers of Packing Plant 95 and enforce the order requiring the payment of more than P3.7 million in money claims due to the workers. KMU-SMR and NAMASAN also called on the growers to join with the workers in fighting the exploitative policies of FBAC-AJMR/Sumifru.