Effect given to the recommendations of the committee and the Governing Body - Report No 330, March 2003

Case No 1826 (Philippines) - Complaint date: 27-MAR-95 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 138. When it last examined this case, which concerns lengthy delays and several postponements of a trade union certification election (first requested in February 1994) at Cebu Mitsumi Inc., in the Danao export processing zone, the Committee expressed its deep regret that the certification issue had not yet been resolved despite the lengthy period elapsed and urged the Government to expedite related proceedings. The Committee also regretted once again that the Government had not provided any information on other issues, notably the suspension of Mr. Ulalan, President of the Cebu Mitsumi Employees’ Union, and the steps taken to adopt a legislative framework establishing a fair and speedy certification process providing adequate protection against acts of interference by employers in certification matters [see 329th Report, paras. 126-128].
2. 139. In a communication of 6 January 2003, the Government states that the Department of Labour conducted a continuation of the pre-election conference on 13 November 2002, which was supposed to be pursued on 10 January 2003, and that the Committee will be informed. The Government did not provide any other information.
3. 140. The Committee takes note of this information. Recalling that this case was first examined seven years ago, after it had to launch an urgent appeal to the Government, the Committee must once again express its deep concern at the inordinate delays intervened in the present case, which concerns the very existence of a trade union, and urges the Government to speed up as a matter of urgency the process of certification at Cebu Mitsumi Inc. and to inform it of concrete results obtained in this respect. The Committee deeply regrets that the Government did not provide any other information on the other issues (the suspension of Mr. Ulalan, and the steps taken to establishing a fair and speedy certification process providing adequate protection against acts of interference by employers in such matters) and strongly requests it once again to provide this information without delay.