KMU on the DOLE “strike-free” brag: “You have made strikes illegal in the Philippines”

“The seeming industrial peace being bragged about by the Department of Labor and Employment (DOLE) Secretary Arturo Brion comes not from happy, satisfied work force but is enforced by the barrel of a gun.”

This was the reaction today of Elmer “Ka Bong” Labog, National Chairperson of the Kilusang Mayo Uno (KMU) Labor Center to the press release of Sec. Brion regarding the “strike-free” labor environment for the first quarter of 2007.

“Unionist and trade union activists are being killed left and right and the culture of impunity hangs like sword of Damocles over the head of workers. Since Arroyo stepped into power in 2001, 76 unionist and labor advocates have been killed. One of them was Diosdado “Ka Fort” Fortuna, union president of the Nestle Philippines workers whose predecessor was also killed. Up to now justice remains elusive and killers remain free,” said Labog.

“Even the veteran labor leader Crispin “Ka Bel” Beltran, already a lawmaker was not spared by the attack on the labor sector by the Arroyo regime. This sends a chilling message to any unionist or ordinary worker that no one will be spared,” opined Labog.

“But when workers decide to go on strike, they have to file a Notice of Strike (NOS) to the National Conciliation and Mediation Board (NCMB). During the NOS filing, workers are made to choose between a compromised deal or an Assumption of Jurisdiction (AJ) which is both disadvantageous to the workers interest,” stated Labog.

“Despite the strike being a legitimate and constitutional right of the workers, it has been made illegal through laws like the AJ, which pre-empt a strike or stop an ongoing strike. This was the same law which was used to bring in the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP) forces armed to the teeth during the Hacienda Luisita strike in 2005 which resulted in the massacre of 7 strikers. An employer has to pay a mere Php 50,000 to get an AJ,” said Labog.

“But when workers win during their strikes, like those of the Toyota workers fighting for union recognition, the Nestle Workers bargaining to include retirement benefits as part of the Collective Bargaining Agreement and Nissan Workers fending off unfair labor practice through illegal dismissal, the DOLE would do nothing, at the very least, to implement the decision of the court and in some cases, even maneuver in favor of the management,” clarified Labog.

“Take the Nestle case for example, the Supreme Court (SC) in 1991 already decided that the demand of the workers to include the retirements benefit during their collective bargaining was upheld and yet the management did not recognize the SC decision. This prompted the workers to go on another strike in 2003. And in another SC decision this August 2006, they upheld that the Nestle Management and the Nestle union go back to the negotiation table but the DOLE cannot implement the SC decision,” lamented Labog.