Tuesday, September 11, 2012

PALEA calls on new PAL management to drop criminal charges vs. members


Press Statement
September 11, 2012
PALEA

We call on the new management of Philippine Airlines headed by CEO Ramon S. Ang of the San Miguel Corp. group to facilitate the resolution of the pending labor dispute at the flag carrier by, among others, dropping the trumped up charges our members which were filed under the old company management of Jaime Bautista.

These criminal charges are an irritant to settling the labor row as they were intended to cajole and coerce PALEA members to avail of the outsourcing separation package and thereby surrender the fight for regular jobs.

The trumped up charges are inconsistent with the statement of Mr. Ramon Ang in the PAL annual stockholders meeting that the new management proposes a just and humane conclusion to the long-running labor row.

Further we call on the courts and the government to respect labor rights and labor laws. As enunciated in under DOJ Ministry Circular No. 15 (Series of 1982) and Department of Labor and Employment Department (DOLE) Order No. 40-G-03 (Series of 2010), no criminal information can be filed against workers without the required clearance from the DOLE. Absent such clearance, the courts are mandated to dismiss the charges outright. Such a policy, started after the formal lifting of martial law, aims to resolve rather than aggravate labor disputes and regulate the proclivity of capitalists to engage in harassment suits against workers.

We condemn Pasay Assistant City Prosecutor Orlando Mariano and Judge Bibiano Colasito of the Pasay MTC Branch 44 for finding probable cause and ordering the issuance of arrest warrants against 39 PALEA members, two of whom are women. These officers of the court not only defied labor statutes but infringed on our members right to due process, and thus deserve to face administrative charges.

Further we denounce PAL lawyer Atty. Santiago “Sonny” Quial for his legal machinations. Quial plans to run for city councilor if not district representative in the coming elections. As many PALEA members are Pasay voters, we will make sure that a law breaker does not become a law maker.

Finally we thank our brothers and sisters in the labor movement both here and abroad for their solidarity. As part of this solidarity, a global day of action for PALEA and other airline workers will be held on September 27, anniversary of the protest against outsourcing at PAL. Aside from rallies in Manila and Cebu, actions are scheduled in Melbourne and Sydney in Australia, Vancouver and Toronto in Canada, Istanbul in Turkey, Mumbai in India, Lahore in Pakistan and San Francisco in the USA.

Labor cries foul over Pasay judge ruling against PALEA


Nagkaisa!
PRESS RELEASE
11 September 2012

The country’s biggest coalition of trade unions and labor organizations, NAGKAISA! described as ‘sadistically anti-labor’ a Pasay judge who adversely ruled against the protesting officers and members of the Philippine Airlines Employees Association (PALEA).

On September 3, 2012, when PALEA photocopied the entire court record of a pending case of grave coercion filed by the Philippine Airlines against a number of union officers and members, it accidentally discovered from among the documents an order dated August 15, 2012 already signed by Judge Bibiano Colasito of Pasay City’s Metropolitan Trial Court Branch 44 for the issuance of a warrant of arrest against 39 officers and members of PALEA.

“What a farce! On July 25, a Pasay court under Judge Mupas freed Gloria Macapagal Arroyo on bail citing weak evidence against the former President.  It granted the same to former Comelec Chair Benjamin Abalos on August 18.  Nobody noticed that during this same period, August 15, there was another Pasay judge in the name of Bibiano Colasito who ordered the arrest of 39 PALEA officers and members from a clearly non-criminal but dispute related action by workers,”bewailed NAGKAISA! leaders during a press conference held  yesterday at the TUCP headquarters in Quezon City.

NAGKAISA! said Colasito’s ruling was unfair and unjust. In particular, it cried foul on the judge’s decision to blindly entertain the information filed by the prosecutor against the accused PALEA officers and members without the required clearance from the labor department as provided under DOJ Ministry Circular No. 15 (Series of 1982) and Department of Labor and Employment Department Order No. 40-G-03 (Series of 2010).   

Labor leaders pointed out that the PAL-PALEA dispute on outsourcing/contractualization was the biggest labor dispute in the country that hugged the news during the last three years thus any action by PALEA members clearly arose from this long running dispute completely ignored by the Office of City Prosecutor and then by Judge Colasito.

“Worse, Colasito sided with the fallacious claim by PAL that PALEA members ‘coerced’ the company on October 29, 2011 when on the contrary it was the PALEA protest camp that was attacked on the same time and date by dozens of hired goons resulting in fact to the arrest of one goon, physical injuries to several PALEA members, and the destruction of half of the camp,” said NAGKAISA!. 

The labor coalition said, it will join PALEA in taking Colasito’s action to higher authorities for remedy and will not hesitate to file administrative charges against the judge if necessary. 

The group is alarmed that once Colasito’s action takes precedence, courts can anytime be utilized by employers as a tool to supress labor rights by criminalizing cases arising out of purely labor-related disputes – rights that were respected even during the martial law period.   

NAGKAISA! also called on the new PAL management to commence negotiations with PALEA rather than pursue a protracted legal battle that will never arrive at a just resolution to the lingering labor dispute in the flag carrier.

Apart from the grave coercion rap, 234 PALEA members including the top leaders are facing another case for violation of RA 9497 or the Civil Aviation Authority of the Philippines (CAAP) Law in relation to their September 27, 2011 protest against outsourcing that disrupted airport operations.

NAGKAISA! is joining PALEA in its planned one year commemoration of the September 27, 2011 event which highlight this year is a Global Day of Action against outsourcing in the aviation industry organized by the International Transport Federation (ITF).

Sunday, August 12, 2012

International day of action for airline workers


In September 2011 Philippine Airlines locked out 2600 workers and then sacked them. The workers had refused to accept their jobs being outsourced leading to a 50% cut in wages, loss of benefits including health insurance, longer working hours and loss of union coverage. QANTAS grounded all of their fleet in October 2011 to pressure unions to drop their demand for secure jobs and wages for all workers. QANTAS has sacked over 500 workers in a long term plan to move its heavy maintenance bases offshore. A big part of outsourcing is the attempt to break our unions. If airline workers take industrial action, on the same day, in a co-ordinated way, all over the world, we will be stronger and more effective. The workers at Philippine Airlines, organised by their union PALEA, are calling for a Global Day of Action in the airline industry on 27 September 2012, anniversary of PALEA's protest against outsourcing. The Global Day of Action has received endorsement from the International Transport Federation at their recently held Asia Pacific meeting in Kuala Lumpur. Download leaflet.

Thursday, August 09, 2012

"The harshest of times and the worst of typhoons" won't break PALEA workers


Vashti Kenway

PALEA workers rally in Manilla, 28 March.
PALEA workers rally in Manilla, 28 March.


Philippine Airline workers organised in the union PALEA (PAL Employees Association) have been staging a brave and defiant dispute for over 11 months against their employer’s attempts to outsource jobs. They have withstood physical intimidation, poverty and the threat of jail time and have stood firm.
Socialist Alternative’s Vashti Kenway interviewed PALEA president Gerry Rivera at the strike camp in Manila. Only days before much of the camp had been blown away in a typhoon. As the interview was being conducted striking workers were resurrecting tarpaulins and re-establishing electricity.
In the subsequent days Manila suffered from torrential rains and the resulting floods have disproportionately affected communities of workers and the poor. Many PALEA workers have had their difficult lives made even harder. The Partido ng Manggagawa (Labor Party) – Philippines is requesting financial assistance.

Could you give us some background to the PALEA strike and deal with some of the issues at stake?
The real issues here are the right of the workers to security of employment, the right of the workers to self organisation, the right of the workers to collective bargaining. If we want to understand the history of this struggle we have to understand the history of PAL/ PALEA relations. Sometime in 1998 PAL, because of a paralysing strike of the pilots, asked for the suspension of the collective bargaining agreement, because then PAL was considered to be losing money. It was in financial distress.
Seven unionists objected in court, but the court came back to support the PAL. So they suspended this agreement for 10 years from 1998 to 2008. Sometime in 2007, one year ahead of the schedule for ending the so-called “rehabilitation period” and reinstating the agreement, we discovered PAL was actually making money. What’s more, at this time they also revealed their long term plan to outsource several departments, because of this so-called financial crisis.
They continued to maintain that the PAL was making losses. The departments they were going to outsource included airport services – which included cargo, operations, ramp services, baggage handling, equipment services, catering, medical, accounting, legal and labour relations. So that was the plan laid down on 26 August 2007. This meant virtually everyone in the PALEA union would be outsourced. PALEA has a total membership of 3,400. It is one of the biggest, if not the biggest labour organisation existing today in the Philippines. If we allowed this, we would be allowing the extinction of the union. So we opposed the outsourcing.
This scheme being laid down by the management is in violation of the collective bargaining agreement; it is a violation of the Labor Code, which prohibits the outsourcing of jobs which are already being performed by union members.
So we fought them, we opposed them. We went to the Department of Labor on several occasions and filed notices of strike. But the Department of Labor, under the most recent administration, came up with a decision saying that PAL is actually losing money and to avoid the imminent collapse of PAL the outsourcing program should be allowed. They said outsourcing is a management prerogative. We filed many submissions but they were rejected by both the last administration and this current one. We even took it to the office of the president, who affirmed the decision of the Department of Labor.
Despite these decisions we know that their premise that PAL is losing money is wrong. For the fiscal year 2011 they made a comprehensive profit of $US72.5 million after tax. So there is really no legal or moral basis for the decisions of the management or the government. There are now two contending issues: management prerogatives and the rights of workers to job security and self organisation – collective bargaining. It is clear that despite workers rights being enshrined in the constitution that this government, which is pro-capitalist, is supported the capitalists of PAL. So on 11 August 2011, they said they wanted to terminate 2,400 workers.
On 27 September we had no choice but to stage a protest at around 7am. Right after we staged this protest PAL made an announcement cancelling the flights on that particular day till 6pm. At midday they announced that all the workers in airport services, catering and the reservation centre are considered off duty until 30 September without pay. After that we were no longer to be employed by PAL. So they were able to illegally lock us out. Workers were barred from continuing their jobs, their functions. On that afternoon thousands of policeman and security guards physically evicted our members from the airport. From that time on we have set up and maintained this camp. We have maintained this camp in the midst of a big typhoon, including the most recent 2 weeks ago.
Tell us a little bit about the history of the camp itself
During the first days it was more of a rag tag centre with plastic sheets. We were initially more than a thousand here but PAL did not stop from outsourcing us or terminating us. We have been attacked twice by the goons of the company. The first time was on 19 October. The second on 29 October was more violent and resulted in the dismantling of our camp and serious physical injuries to some of our members.
One of the attackers was apprehended by the roving airport police and he admitted that the thugs were paid by the management, but ironically it was PAL who filed criminal cases against us. They filed a case against 41 people on that particular day because they said they were obstructing the entrances. They even launched a media campaign against us by saying in the press that we were tyrannical thugs. We didn’t have the tens of thousands of dollars to pay for advertisements in the media so we came up with some banners showing where the real tyranny comes from. This banner has pictures of the thugs attacking our camp.
PAL has also filed another case against 265 (downgraded to 243) of us, saying that we have been disrupting the operating services of the airport. But that is a farce. Why? Because PAL is the one disrupting operating services. Outside of the legal technicalities, to allow PAL and this government to prosecute these 243 influential members of PALEA would be a gross violation of the rights of the workers… the right to self organisation, the right to peaceful actions and assembly.
If we allow them to successfully prosecute us, they are not only disallowing PALEA members from staging protest actions within the bounds of the airport, they would be barring all workers in the aviation industry from strikes and protests. If we allow them to get away with this, nothing will stop this government and the capitalist-controlled system from creating new anti-worker laws. They could just declare any industry “vital” to the country and then bar them from their constitutional rights.
It is not just an issue of legal technicalities; it is a question of the rights of the workers to express themselves by way of particular actions. This is how this system of government treats its workers. This is how oppressive this system is against the workers and the great majority of the population. So we think this struggle of PALEA is not the struggle of PALEA alone. It is the struggle of the workers as a whole. This is what is at stake.
So we decided that we will not go along with this legal case. It was decided that each one of these 243 PALEA workers shall post a 6,000 peso bail. If we do that then we need at least 1.5 million pesos [$A34,000]. But we have resolved we will not pay one peso. If we do that it is like saying “You are right.” Then we would have to prove our innocence before the courts. But we want the whole world and other workers to understand this is not just a fight between PAL and PALEA – this is a bigger fight. This is a fight against the capitalist system. So we have resolved that we will go in there and voluntarily place ourselves into the custody of the courts if the warrant of arrests goes out.
So you are posing both a legal and a political challenge?
Yes we have the legal side, but we are trying to escalate the political side of this for the benefit of the workers. We are going to the Department of Justice, presenting our opposition and protesting. We will have PALEA and other supporting organisations to show that many people are supporting us. This is important. The struggle of PALEA is not just against PAL, it is not just against one of the richest people in the Philippines (the owner of PAL), it is not just a struggle against the courts or the media – it is a struggle against the system. It is a struggle globally. While this is not to lift ourselves from our seats, PALEA is the one that has frontally opposed the oppressive scheme of outsourcing and we hope we can show the way to fight.
What kinds of international solidarity have you had so far, and what more could people do?
Australia has done a lot. When first we were able to meet you guys in Australia, we were able to share our struggle. That was important to us. Now when given the opportunity to talk to our brothers and sisters in the labour movement as well as organisations like Socialist Alternative and Australia Asia Worker Links. This opportunity allowed us to share what is really happening in the Philippines. As such, the solidarity support from letters, to a picket we held in Melbourne, to other campaigns, as well as the logistical support and money has really helped us in this long struggle.
Yes, the money is important as there are thousands of workers affected. In fact we have already had to ask some of our members not to report to the camp daily because that would entail some expenses. We have been out of jobs for 11 months now so you can imagine how hard it is to make ends meet and sustain our families. It is now a question of weight and balance. Should we maintain our struggle or surrender? The overwhelming majority of workers say we should continue. We haven’t achieved enough yet. The only thing that would make us stop in this struggle is if we get our jobs back, our regular employment. But it is difficult. Many union resources are taken up in this camp. The resources are dwindling. We need support, not just moral and physical, but also financial.
What are some of the difficulties facing you in this struggle? How do you keep going?
It isn’t an easy struggle, it is has been very hard maintaining this camp for ten months. There is a saying in the Catholic dogma: “You cannot listen carefully to the sermon if your stomach is empty.” This is happening now and it means over a thousand of our members have had to transfer to the service providers, even though this contradicts what they feel. Some have claimed their separation benefits. We want to avert this. The main reason why our members have done this is because of their financial situation. I am not accusing them of being collaborators. Of course there were some who from the very first moment we staged this protest who attempted to collaborate with the management, but the overwhelming majority of people who have claimed their benefits have done that because they can’t withstand the pressures of finances.
So it is very hard, but if you look around you see people smiling, people who still look strong. Why? Because we think we are really people here understand the issues. People are aware and conscious of their political rights. Why? Because at the camp we have initiated programs and seminars letting people know about their political rights and conducting some sit-in seminars on the issues of socialism, the issues of capitalism, which one is better? Which one should be chosen by the workers? That is more of the political consciousness, and even if they aren’t won to socialism, the way they have been carrying out this struggle is socialism. That is what is carrying them along and to help them withstand these challenges.
We man this camp 24/7 which means that there are people who live here. People sleep here. This is where the ingenuity of these people comes in. We have made permanent structures, we have electricity, we have food. Everyone is involved. We have camp managers, we have educators, we have cooks. We also have a women’s committee. Prior to the struggle our women members were quite passive, but now look, we have volunteers and women involved and active.
Of course we don’t have the comfort of our own homes but one thing comforts us: the unity among the people. We have the support of families. Every day there are children coming to the camp. We have a basketball ring. This camp is a school. We exchange ideas from within and outside. We have a long stream of visitors. Other groups, unions and NGOs come. We hold seminars on unionism for other unions – they have asked for us to lecture them. It is ironic that we have this problem and now unorganised workers come to us and ask us to help them set up and organise their own union.
This camp becomes a school, so the exchange of ideas and experiences creates more solidarity and unity and this makes us stronger. We can withstand even the harshest of times and the worst of typhoons.

Wednesday, June 27, 2012

Workers picket CB in protest of $1B loan to IMF


Press Release
June 27, 2012
PALEA

Members of the Philippine Airlines Employees’ Association (PALEA) and the Partido ng Manggagawa (PM) picketed this morning the Central Bank headquarters and office of the Department of Finance at 
Roxas Boulevard
in Manila in a protest against the controversial $1 billion loan to the International Monetary Fund (IMF). More than a hundred workers chanted “Help the needy not the greedy! Support Europeans thru solidarity not austerity!”

“How can Malacanang justify the loan as helping the Europeans when the supposed beneficiaries have rejected the IMF bailout and its conditionalities? By protests and through the polls, the workers and people of Greece, Spain, Portugal, Ireland, Italy and France have all rejected IMF austerity,” averred Gerry Rivera, PALEA president.

Renato Magtubo, PM national chair, insisted that “The $1B—which is the blood and sweat of our OFW’s—will harm our own migrant workers in Europe since the IMF’s austerity schemes dictate cuts in wages, reduction in social programs and liberalization of labor contractualization. By extending the loan to the IMF, our OFW’s and Europeans workers will earn less, lose public services and be easier to fire.”

The rally today also coincides with the 9th month anniversary of PALEA’s fight against outsourcing. Last year, on September 27 PALEA launched a protest action at the airport against contractualization and up to now it maintains a picketline outside the PAL In-Flight Center. PALEA called on the new management of Philippine Airlines led by Ramon Ang to revive the flag carrier by reinstating its regular workers. “After nine months of protest, PALEA continues to labor for justice,” declared Rivera.

In reply to Presidential Spokesperson Edwin Lacierda’s assertion that the loan to the IMF will be help global stability, Rivera asserted that “It will just be used to bailout the bankers even as ordinary Europeans and migrant workers suffer the pains of austerity. In opposing the loan to the IMF, we are extending the hand of solidarity to our brothers and sisters in Europe. It is amazing that PNoy readily comes to the aid of European bankers but he is blind and deaf to the cries of the Filipino workers for wage increase and regular jobs.”

Magtubo added that “Instead of stabilizing, the IMF is destabilizing the economies of Europe. Despite receiving several bailouts from the IMF, Greece is in recession for five years running with unemployment at more than 20% in general but more than 50% for the youth. This yearSpain fell into a double-dip recession with unemployment rates similar to Greece which will be aggravated by austerity measures dictated in the recent bailout scheme.”

“Just like Europe, the Philippines too is a victim to the anti-labor and anti-people policies of the IMF. Liberalization has led to the collapse of Philippine industry and agriculture resulting to job losses and rural unemployment. Privatization and deregulation has led to price hikes and worsening poverty. It is time for a paradigm shift. Uphold growth and hope instead of recession and injustice in Europe and the Philippines. Shift to a new paradigm of living wages, regular jobs, taxes on the rich, social services, national industrialization and agrarian reform,” Rivera explained.

Tuesday, June 26, 2012

Protesta laban sa $1B pautang sa IMF: Grupo ng manggagawa susugod sa Central Bank bukas

Press Release
June 26, 2012

Ang mga manggagawang myembro ng Partido ng Manggagawa ay susugod bukas ng umaga sa opisina ng Central Bank at Department of Finance sa Roxas Boulevard sa Maynila upang batikusin ang planong $1 bilyong pautang ng Pilipinas sa International Monetary Fund (IMF). Ang pautang ay para diumano sa Euro crisis pero nag-aaakusa ang Partido ng Manggagawa na gagamitin ito ng IMF para magpataw ng kontra-manggagawang austerity schemes sa Europa.

“VIP treatment kay PNoy ang mga bankero sa Europa na makikinabang sa $1 bilyong pinagpawisan ng ating OFW’s. Samantala deadma lang si PNoy sa hinaing ng manggagawang Pilipino noong Mayo Uno para sa dagdag sahod at trabahong regular,” giit ni Renato Magtubo, tagapangulo ng Partido ng Manggagawa.

Paliwanag ni Gerry Rivera, pangulo ng unyong Philippine Airlines Employees Association (PALEA), “Ang mismong pagtutol sa utang ang paraan para tumulong sa mga taga-Europa sapagkat magiging biktima lang sila ng mga dikta ng IMF gaya ng pagkaltas sa sweldo, pagbabaklas sa proteksyon sa paggawa, pagsasapribado ng mga kompanya at pagtitipid sa mga serbisyo publiko. Ang IMF ay manunuba di manunubos.”

Sasama sa rali bukas ang mga miyembro ng PALEA na nasa ika-10 buwan ng kanilang laban kontra kontraktwalisasyon sa PAL. Nananawagan ang PALEA sa bagong management ng PAL sa pangunguna ni Ramon Ang ng San Miguel Corp. na ibalik ang mga regular na manggagawa upang makalipad muli ng maayos ang flag carrier ng bansa.

Dagdag ni Magtubo, “Pakikiisa hindi pautang ang tamang pagtulong sa mamamayan ng Europa. Sinusuportahan namin ang sigaw ng mga manggagawa ng Europa para sa growth sa halip na austerity, ibig sabihin, umento sa sahod, regular na trabaho, serbisyong panlipunan at pagbubuwis sa mayayaman upang ibangon ang ekonomiya ng mga bansang sadlak sa krisis gaya ng Greece, Spain, Portugal, Ireland, Italy at Cyprus. Sa katunayan ganitong patakaran din ang dapat ipatupad ni PNoy sa Pilipinas.”

Workers slam PNoy’s $1B loan to IMF

Press Release
June 26, 2012

The labor party Partido ng Manggagawa (PM) today slammed the government’s decision to loan $1 billion of the country’s foreign reserves to the International Monetary Fund (IMF). The fund is intended for the Eurozone crisis but PM avers that it will be used by the IMF to impose anti-workers austerity schemes in Europe.

“We call on PNoy to reconsider his decision. $1 billion is better used for social protection at home than social devastation abroad. The workers and people of Greece, Spain, Portugal,Italy and even France have rejected austerity through the polls and by protests,” insisted Renato Magtubo, PM national chair.

Tomorrow PM together with the Philippine Airlines Employees’ Association (PALEA) will stage a rally at the Central Bank headquarters and office of the Department of Finance in Manila in protest of the loan to the IMF. The rally also coincides with the 9th month anniversary of PALEA’s fight against outsourcing. Last year, on September 27 PALEA launched a protest action at the airport against contractualization which was forcibly suppressed by airport police and security guards. PALEA is calling on the new management of Philippine Airlines led by Ramon Ang to revive the flag carrier by reinstating its regular workers.

Gerry Rivera, PALEA president, said that “PNoy readily comes to the aid of European bankers but he is blind and deaf to the cries of the Filipino workers for wage increase and regular jobs. In opposing the loan to the IMF, we are extending the hand of solidarity to our brothers and sisters in Europe. Let us help the needy not the greedy. The IMF will use our $1B—which is the blood and sweat of our OFW’s—to bail out the bankers of Europe and squeeze money from the workers through cuts in wages, pension, subsidies and social programs.”

Magtubo added that “The IMF wants the workers to pay for the crisis of the capitalists. The Eurozone crisis is a result of European governments’ bailing out their bankers which were saddled by failed speculative investments in the subprime housing market in the US that collapsed in 2008. As a result of austerity tied to loans, Greece is in recession for five years running with unemployment at more than 20% in general but more than 50% for the youth. This year Spain fell into a double-dip recession with unemployment rates similar to Greecewhich will be aggravated by austerity measures dictated in the recent bailout scheme.”

“Just like Europe, the Philippines too is a victim to the anti-labor and anti-people policies of the IMF. Liberalization has led to the collapse of Philippine industry and agriculture resulting to job losses and rural unemployment. Privatization and deregulation has led to price hikes and worsening poverty. It is time for a paradigm shift. International solidarity instead of IMF austerity. Uphold growth and hope instead of recession and injustice in Europe and thePhilippines. Shift to a new paradigm of living wages, regular jobs, taxes on the rich, social services, national industrialization and agrarian reform,” Rivera explained.