Labor group applauds SC decision affirming recall of 140 Nissan workers

The militant labor center Kilusang Mayo Uno (KMU) today applauded the decision made by the Supreme Court affirming the decision made by the Court of Appeals recalling 140 dismissed workers of Nissan Motor Philippines, Inc. and the awarding of economic benefits to the company's rank and file employees. In the decision, the SC said the holding of a strike was insufficient ground for dismissal, as there was no evidence that illegal acts were committed during the strike. "While we laud this development, we encourage Nissan workers to let their guards down and ensure that the management will abide by the decision."

KMU Executive Vice-President Joselito Ustarez said, "Tagumpay ito ng mga manggagawa sa Nissan. Kailangan lang ipatupad ang desisyon ng management ng Nissan para di matulad sa nangyari sa Toyota at Nestle na hanggang ngayon, nilalabag pa rin ang desisyon ng Korte Suprema sa mga naturang kumpanya."

The Bagong Nagkakaisang Lakas sa Nissan Motor Philippines, Inc., the union in the company launched a strike on Dec. 4, 2000 after the suspension of 140 workers. Nissan workers stage a sit-down strike in November 2000 demanding the release of the second half of their 13th month pay. In return, the Nissan management suspended 140 workers.

In an ensuing strike, the union protested of a deadlock in collective bargaining after DoLE Secretary Patricia Sto. Tomas issued an assumption of jurisdiction over the labor dispute. In October 2001, Sto. Tomas deputized the Philippine National Police (PNP) to implement the order. Following this, company security guards, goons, PNP and heavily armed military regional special action force elements brutally dispersed the strike. Following the incident, the Nissan management immediately issued termination letters to 143 union members through mail.

Ustarez said that the appellate court have already decided on the matter since 2003 reversing Sto. Tomas' decision affirming the suspension of union members and dismissal of union officers. The company have repeatedly refused to carry out the decision.

The labor leader further said that this case might take precedence to other labor cases that were assumed by Sto. Tomas during her stint as labor attaché.

"We just hope that unlike what happened to Toyota Motors Philippines, Nissan employees will ultimately enjoy the fruits of High Court's decision. In Toyota 's case, the management refused to implement the SC decision entitling TMPCWA (Toyota Motor Philippines Corporation Workers Association) to conduct labor/management negotiations with TMPC (Toyota Motor Philippines Corporation). Even the Committee on Freedom of Association of the International Labor Organization issued the recommendation favorable to TMPCWA but the automobile company's management refused to follow the Court order.

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