Effect given to the recommendations of the committee and the Governing Body - Report No 326, November 2001

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

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

1. 136. The Committee last examined this case at its June 2001 session [see 325th Report, paras. 78-80]. On this occasion it had requested the Government to ensure that an impartial certification election be held at Cebu Mitsumi Inc. and to consider examining the legal framework for certification elections, with a view to preventing excessive and prejudicial delays in future. The Committee requested to be kept informed of any progress in this regard and also requested the Government to respond to new allegations concerning the suspension of Mr. Ferdinand Ulalan, President of the Cebu Mitsumi Employees’ Union (CMEU).
2. 137. In a communication dated 7 June 2001, the complainants provided detailed information concerning a certification vote held on 4 May 2001, alleging that several irregularities took place, amounting to violations of Convention No. 87 by the employer, namely: a few days before the election, the management of Cebu Mitsumi announced verbally that there would be no production on 4 May 2001 and that all employees would be on forced leave, due to lack of orders; officials of the Department of Labor and union representatives were allowed entry into the company premises only two hours after the scheduled voting time, and they underwent unusually stringent security checks (strict ban on tape recorders, cameras and any other audiovisual device); the voting time was delayed for several hours, due in part to delays in the construction of polling booths; posters calling for the boycott of CMEU were posted at the gate and inside the building; strong presence of security guards and unusual blockades outside the company site. As a result, out of the 16,000 employees at Cebu Mitsumi, no more than 150 employees showed up, most of whom were line managers excluded from the bargaining unit. According to the complainants, the absence of workers in and outside the company premises was due to the management’s threats of dismissal. The current labour laws of the Philippines are inadequate as they provide no criminal sanctions against employers who refuse to cooperate in certification elections.
3. 138. In a communication dated 31 August 2001, the Government indicates that out of 123 votes cast at the certification election of 4 May 2001, there were five votes in favour of the CMEU, 94 votes against it, three spoiled votes and 21 challenged votes. In view of the circumstances, the Government decided to submit the whole case, including a petition of protest received from the CMEU to a mediator-arbiter for appropriate action. The Government also filed a formal charge with the Philippine National Police against the security firm involved in the incidents, for the revocation of its licence and that of 11 security guards.
4. 139. The Committee takes note of the information provided in this case, which concerns the exercise of trade union rights in the Danao export processing zone. Recalling that the CMEU initial petition for a certification election was filed back in February 1994, and that this case has been examined on no less than six occasions [302nd Report, paras. 386-414; 305th Report, paras. 54-56; 308th Report, paras. 65-67; 316th Report, paras. 72-75; 323rd Report, paras. 72-74; 325th Report, paras. 78-80], the Committee notes with regret that the certification vote, when it finally took place after lengthy delays and several postponements, was marred by a number of irregularities, which led the Government to submit the case to a mediator-arbiter for “appropriate action”. As regards the case immediately at hand, in view of the lengthy delays, the Committee expresses the firm hope that the mediator-arbiter will issue in the very near future a decision which would be compatible with the principles of freedom of association, and requests the Government and the complainant to keep it informed of developments in this regard. The Committee reiterates its request that the Government reconsider the relevant provisions, with a view to establishing a legislative framework allowing for a fair and speedy certification process, and providing adequate protection against acts of interference by employers in such matters. The Committee requests the Government, once again, to provide its observations concerning the suspension of Mr. Ulalan.