NAMASUFA STRIKE UPDATE

NAMASUFA STRIKE UPDATE

JUST IN:

Labor Secretary issued an Assumption of Jurisdiction Order on the dispute enjoining the workers to go back to work and referred the dispute to compulsory arbitration at the NLRC.

On the other hand, Sumifru Phils. Corp. was allowed by this government to continue to disregard the final and executory order of the court that it is the employer of the plantation workers and violates the duty to bargain collectively.

Moreover, over the past days the AFP was very active in campaigning against the union as well as organizing and instigating the scabs. The local and provincial government are also in chorus in dissuading the workers to stop the strike but never compelled the Sumifru to abide the court’s decision.

This illumines the reactionary and anti-people government that we have. Only through resolute, collective, and militant struggle of the workers and the people can overcome this rotten system. Tuloy ang laban hanggang sa tagumpay!

#SupportNamasufaStrike
#SumifruHakogMangtas
#AFPTutaNgKapitalista
#EndMartialLaw
#CBANegotiationNotRepression

Article from National Anti Poverty Commission

NAPC arbitrates in the NAMASUFA labor dispute

Date Posted:

April 14, 2019

NAPC arbitrates in the NAMASUFA labor dispute

The National Anti-Poverty Commission (NAPC) and NAPC Formal Labor and Migrant Workers Sector (FLMWS) has issued Memorandum Circular No.2019-04-10-036 dated April 10, 2019 creating a composite team that will identify the status and the bottlenecks of the Nagkahiusang mamumuo sa Suyafa Farm-National Federation of Labor Unions-Kilusang Mayo Uno’s (NAMASUFA-NAFLU-KMU) partial appeal to DOLE for the clarification of the decision on the Collective Bargaining Agreement.

NAMASUFA is a labor organization working in the Sumifru Philippines Corporation which refused to recognize them as their employees amidst the Supreme Court’s decision and declined to conduct a collective bargaining with the said labor union, whose several leaders were injured during strikes.

Furthermore, NAPC-FLMWS is set to issue a resolution which will be finalized by 3rd week of April 2019. The resolution will seek for Commission on Human Rights’(CHR) undertakings to investigate the killings citing the Department of Justice (DOJ) Administrative Order No. 35 series of 2012, for the National Labor Relations Commission (NLRC) to provide the details on the implementation of the back-to-work order issued to the NAMASUFA and; for the National Tripartite Industrial Peace-Council (NTIPC) to monitor the case.

Also, NAPC will send letters to NAPC Basic Sectors to request for further assistance that can be provided to the labor organization.

Compostela Court Sides with SUMIFRU Striking Workers; A Partial Victory for the Fight for Workers’ Rights

KMU-SMR Media Release
October 10, 2018

Compostela court sides with SUMIFRU striking workers; a partial victory for the fight for workers’ rights

Today, October 10, 2018, RTC 11 Branch 56 of Compostela Valley dismissed the issuance of preliminary injunction filed by Sumifru on October 6, aimed at “restraining the members of KMU who are responsible for blocking the ingress and egress of the banana plantation.” The court not only DENIED the injunction but also DISMISSED the case due to the non-exhaustion of administrative remedies by the company.

The Japanese company should be held accountable for deliberately ignoring a 2017 Supreme Court decision that affirmed the employer-employee relationship between Sumifru and its workers. The union is also recognized and certified by no less than the Department of Labor and Employment (DOLE) as Sole and Exclusive Bargaining Agent (SEBA) since 2010.

The workers enjoin everyone to stand alongside them in their struggle for their economic, civil and political rights amid unabated repression and oppression worsened by Martial Law and heavy deployment of police and military troops in the strike sites.

Municipal-wide Strike Paralyzes Multinational Fruit Corp in ComVal

Press Release
2 October 2018

Municipal-wide strike paralyzes multinational fruit corp in ComVal

Over 900 workers of multinational fruit giant Sumifru Corporation Philippines in Compostela Valley went on strike yesterday, as management refused to engage in any negotiations for a collective bargaining agreement (CBA) with Nagkahiusang Mamumuo sa Suyapa Farm (NAMASUFA), the local union.

The striking workers of NAMASUFA, which is affiliated with the National Federation of Labor Unions-Kilusang Mayo Uno (NAMASUFA-NAFLU-KMU), paralyzed operations across eight of Sumifru’s banana packing plants. They have set up a peaceful picket and ceased all work in the plants.

According to KMU’s Southern Mindanao chapter, Sumifru’s failure to negotiate with their own union is a violation of Article 262 of the Labor Code. The striking workers are recognized as Sumifru employees by law, and thus have the right to be heard by management, stated KMU.

“Sumifru has arrogantly and blatantly disregarded labor rights, ignoring our longstanding and legitimate demands for regularization and a significant wage hike,” said Paul John Dizon, NAMASUFA President.

The striking workers, hired as contractuals in 2006, are now covered by a June 2017 Supreme Court ruling asserting that a formal employer-employee relationship exists between Sumifru and NAMASUFA members. Sumifru had argued that NAMASUFA members were contractuals employed by third-party labor cooperatives, but the SC ordered the corporation to recognize the workers as Sumifru employees.

According to NAMASUFA, their union was already the certified sole and exclusive bargaining representative of Sumifru workers. They submitted a CBA proposal to Sumifru on August 13, but no progress has been made as Sumifru management ignored their proposal.

Sumifru makes P11 million daily in sales from its operations in Compostela Valley, according to NAMASUFA. “Yet they want us to be satisfied with our minimum wage (MW), which is one of the lowest MW rates in the country, which has never been enough for a decent standard of living. Our wages have become even more insufficient in the face of incessant price hikes due to the TRAIN law,” said Dizon.

“Sumifru has violated our right to freedom of association by colluding with the military to intimidate and harass union members who are fighting against their unfair labor practices,” said Dizon. “They are also violating our right to security of tenure by refusing to regularize us and negotiate with our union despite the 2017 SC ruling.”

NAMASUFA cited an April 2018 fact-finding mission to Compostela Valley, which reported that Sumifru workers were being targeted and red-tagged by the 66th IBPA, and discouraged from joining NAMASUFA or any KMU-affiliated organization, or participating in union activities.

Since Duterte imposed Martial Law in Mindanao in 2017, militarization and fascist attacks against Sumifru workers and their union escalated, with union members accused of everything from being terrorists to being NPA members, according to NAMASUFA. Moreover, there was an attempt to assassinate NAMASUFA Board of Directors member Vincent Ageas last August. These cases were filed before the recently concluded International People’s Tribunal in Brussels, Belgium, where Duterte was found guilty of large-scale violations of human rights, including rampant attacks against the labor sector.

NAMASUFA member Jerson Lastimoso was also murdered in 2006, when a group of union members were ambushed by military elements.

“We are human! We have rights! We will never be cowed by Duterte’s Martial law. Our legitimate strike will challenge Duterte’s fascist dictatorship and assert our rights against the greedy machinations of Sumifru,” said Dizon.

KMU also called on all workers and the Filipino people to support Sumifru workers in their just and legitimate strike, and to hold Sumifru accountable for their inhumane treatment of their workers.###

For reference:

Paul John Dizon, NAMASUFA-NAFLU-KMU President — 09381976116

KMU-SOUTHERN MINDANAO DENOUNCE LATEST AFP ATTACKS ON UNIONISTS AND FARMERS IN COMVAL

PRESS STATEMENT
September 4, 2018

KMU-SOUTHERN MINDANAO DENOUNCE LATEST AFP ATTACKS ON UNIONISTS AND FARMERS IN COMVAL

The Kilusang Mayo Uno Southern Mindanao denounces the attacks on two union leaders of the Sumifru Packing Plant this week, which shows that the Duterte regime is intensifying attacks on union workers.

Victor Ageas, Board of Director of Nagkahiusang Mamumuo sa Suyapa Farm (NAMASUFA-NAFLU-KMU) was ambushed by motorcycle-riding gunmen on September 4, 6:30 am while he was bound for work at Sumifru Packing Plant 340 at Purok Uno, Barangay Osmeña. Ageas evaded his assailants who opened fire at him six times.

The attack came a day after workers of Sumifru in Compostela staged a protest action against the company for refusing to recognize them as their regular employees and to negotiate for collective bargaining agreement.

LAO ARBITRARILY DETAINS COKE PROTESTING WORKERS

Kilusang Manggagawa ng Coca Cola (KIMACO)-KMU slams the Philippine National Police Talomo station Chief Insp. Ronald Lao for detaining the ten Coca-Cola protesting workers beyond the period provided by law.

The Revised Penal Code mandates the period for which public officers must deliver detained persons to judicial authorities.

The ten workers, who were brutally arrested during their protest on April 2, Monday at 9 in the morning, have been in detention for more than 48 hours without any information being filed in court. Lao’s insistence on not releasing the detained workers is a clear violation not only of Article 125 of the Revised Penal Code, but more importantly of the workers’ constitutional right to liberty.

PCI Ronald Lao reasoned that they are waiting for the Fiscal’s order and resolution before making a decision. To this hour, no resolution has yet been made by the City Prosecution Office.

We maintain that neither the PNP nor the Prosecutor’s Office has jurisdiction over the strike of the Coca-Cola workers. This is a
labor dispute, well under the jurisdiction of DOLE. Also, the workers never harassed any individual, obstructed the traffic, and committed illegal acts to warrant their arrest.

This is a case of criminalizing the workers’ legitimate exercise of their right for redress against grievances, right to assembly and protest. The illegal arrest and continued arbitrary detention of the workers are but attempts to silence workers who are standing for their rights and fighting ENDO.

We are currently looking into filing administative charges against PCI Ronald Lao.

We demand the immediate release of the ten striking Coca-Cola workers and an end to Endo and the criminalization of workers’ struggles.#

Coca Cola workers’ protest is not a criminal act, Endo is

KILUSANG MAYO UNO – SOUTHERN MINDANAO

Press Statement
3 April 2018

Coca Cola workers’ protest is not a criminal act, Endo is

The Kilusang Mayo Uno condemns Mayor Sara Duterte and the Philippine National Police for treating and maligning the striking Coca Cola workers as lawbreakers.

Let us make it clear that the protest action of the Kilusang Manggagawa ng Coca-Cola (KIMACO) workers’ association is legitimate in protesting the “endo” scheme that the multi-billion dollar Coca Cola company is practicing. 127 workers were dismissed from work upon their “end of contract” (endo) from labor agency Work Experts and Allied Services, Inc. They have worked for Coca Cola Femsa Phils., Inc. as Helpers, Pickers, Tarpers, Bad Order Dumpers, Segregators and Sweepers between five to ten years and were described in their contracts as “project employees” but were repeatedly hired throughout their entire stay at Coca Cola Femsa. On March 31, 2018, their contracts were terminated and they were left jobless.

The Coca-Cola workers believe that under the law, given their length of service, they have to be made regular by the company. Thus, they find their dismissal from work unjust, more so, they find the continuing practice of endo a social evil, which Pres. Duterte did not stop despite his promise to end this scheme.

The protest action of the Coca-Cola workers on April 2 is within the workers’ right to association and assembly. We condemn how PNP Chief Inspector Ronald Lao turned two-faced even after our dialogue with him and with the KIMACO leadership. During the dialogue, it was clear to Chief Insp. Lao that the KIMACO was willing to disperse voluntarily if the management of Coca Cola will hear their grievance.

The PNP used excessive force by deploying 25 SWAT members, 40 PNP personnel, 30 Task Force Davao and 30 Police Auxiliary to disperse 80 protesters. They toted guns at the workers and arrested KIMACO chair Sustenes Bantayan, and nine workers: Reynaldo Aman, Michael Ulan-Ulan, Bryan Palera, Ricardo Sales, Romel Calacat, Anthony Bayawan, Jessie Montecillo, Alvin Buccat, and Ian Debalde. They were arrested and charged with Resisting Arrest and Grave Coercion.

Amidst these injuries suffered by the workers, Mayor Sara Duterte had the gall to twist the facts. She claimed the workers refused to negotiate peacefully and labeled the workers as law breakers.

As typical of the Duterte administration’s propaganda, Mayor Inday’s statement diverts the legitimate concerns of the workers by bringing it down to the trivial issue of blocking of exit and entry points.

The public interest is not whether the delivery of Coca Cola products can be met by the day. The public interest is the workers’ struggle to demand an end to contractualization, one of the promises which the Duterte government did not deliver.

Obviously, Mayor Duterte and Police Chief Insp. Lao were only interested in protecting the interests of Coca Cola company and holds no sympathy for the workers.

We demand the immediate release of the ten detained workers and the dropping of preposterous charges against them. We call on Coca Cola Femsa to listen to the grievances of its workers and reinstate the 127 dismissed workers as regular workers. Finally, we call on all workers and the public to continue the vigilant fight to end Endo, to take this issue on the streets to press the Duterte administration to give in to our demands for decent jobs and living wages.#

KMU in the NEWS : Coke workers released after 4 days in police detention

10 Coca-Cola workers face charges after a protest in Davao City

by: Mara Genotiva

 

DAVAO CITY, Philippines –Police authorities released 10 Coca-cola workers charged with “simple disobedience” after four days in detention.

On Thursday, protesting workers of Coca-cola along with support groups trooped at the Philippine National Police Talomo station  to demand the immediate release of 10 of their colleagues who were arrested last Monday, citing that the 36-hour period for filing of cases had already lapsed.

Kilusang Manggagawa laban sa Coca-cola-Kilusang Mayo Uno (KIMACO-KMU) said they will press charges against the Talomo police station for the arbitrary detention of the 10 workers.

The union stressed that the supposed complaints of the PNP regarding grave coercion and disobedience only constituted temporary detention up to 18 hours.

If they were charged with graver offense, the 36-hour period had already lapsed as of 10:00 pm of Tuesday, April 3.

Coke union workers staged a strike on Monday after 72 workers were terminated by their labor agency. Ten workers were arrested by the police hours later.

READ:10 Coca-Cola workers face charges after a protest in Davao City

“No resolution was released from the Prosecutor’s Office from their inquest on the PNP’s initial complaint of grave coercion and disobedience.  The PNP continues to detain the ten workers,” KIMACO-KMU said in a statement.

The workers’ camp filed at the Prosecutor’s Office on Wednesday, April 5, a motion to dismiss the case and release the respondents. They also submitted a letter of request addressed to the Talomo station commander for the immediate release of the unionists.

Davao Today was not able to get a statement from Talomo Police Chief Ronald Lao but PSI Bernie Suaga of the Talomo station on Wednesday said they cannot release the unionists because they are still waiting for the fiscal’s order.

“They [protesters] demand for the release of their colleagues, but it’s out of our hands as only the fiscal can decide,” said Suaga.

KAMACO-KMU refuted this saying this is a clear violation of the law.  The PNP has no legal basis for detaining the workers.

Bayan Muna party list representative Carlos Isagani Zarate said the police should be held accountable in detaining the respondents beyond the allowable period.

“They should have released them [workers] since no cases were filed between the allowable period. The police should know their limits. It’s true that they can arrest an individual if they see that an offense or crime was committed but they should also observe the rights of the arrested person,” said Zarate.

The Office of the City Prosecutor on Thursday afternoon issued a resolution signed by Associate Prosecution Attorney Delfin M. Suarez Jr., dismissing the complaints for “Tumults and other disturbances of public order and grave coercion” and only recommended to charge the workers with simple disobedience.

The union stressed that neither the PNP nor the Prosecutor’s Office has the jurisdiction over the strike of Coca-Cola workers considering that it is a case of labor dispute and should be addressed by the Department of Labor and Employment (DOLE).

“This is a case of criminalizing the workers’ legitimate right for redress of grievance, right to assembly and protest. It is but a means to silence workers who are fighting against ENDO [end of contract],” said KIMACO-KMU.

In jail, Ricardo Sales cried foul over the unjust dismissal by the company where he worked for almost nine years.

“Our length of service is enough for us to be made regular workers. After nine years of hard work, we were changed to floating status and dismissed instantly,” Sales in vernacular.

Sales related that before they were dismissed, they were even asked by the agency to train the new workers who will replace them.

“It was an insult to us,” said Sales.

Last month, Coca-Cola workers in Sta. Rosa, Laguna stage d a strike after the company refused to regularize 675 contractual workers as ordered by the DOLE Region IV-A.(davaotoday.com)

 

news from : http://davaotoday.com/main/politics/coke-workers-released-after-4-days-in-police-detention/

KMU in the NEWS: Police break up picket outside Coke

Police break up picket outside Coke Tuesday, April 03, 2018

By JULIET C. REVITA

POLICEMEN broke up a picket and arrested 10 protesters in front of Coca-Cola Bottlers Philippines Inc. on Mc Arthur Highway, Barangay Bago Aplaya, Davao City, for blocking the company trucks and not allowing these to pass through.

In a spot report from Talomo Police Station 3, Davao City Police Office (DCPO) spokesperson Police Senior Inspector Ma. Teresita Gaspan said the 10 arrested protesters were subjected to inquest proceedings for grave coercion and violation of article 151 or the Resistance and Disobedience to a person in authority.

Initially, the Talomo police station received an information around 5:50 a.m. from the security personnel of Coca Cola Femsa that a rally was being conducted by former workers assigned as delivery sales assistant of the company outside their establishment.

Based on the report, the workers were under the Work Expert Agency and led by a certain Jorma Bantayan alias Ting of Kilusang Maggagawa ng Coca-Cola (Kimaco).

Responding to the report, duty officers of the police station led by Police Chief Inspector Ronald Lao, together with Special Weapons and Tactics team and City Peace and Security Company (CPSC), went to the areas and based on their initial investigation, the workers were supported by Kilusang Mayo Uno (KMU) organization with KMU representative identified as Bobby Pablo.

“The group assembled and staged a protest action regarding the change of workers under work expert agency to newly hired BMPC Agency or B-Mirk Multipurpose Cooperative. Said protesters illegally blocked the two gates refusing the truck to get out of the premise,” the police report said.

Despite an attempt to peacefully settle the dispute, the protesters allegedly refused to cooperate with the peace officers and even became aggressive, putting up a blockade on the gates of Femsa, impeding the movement of products.

“[They] resisted and disobeyed from responding peace officers which resulted to arrest of some workers or protesters and now under the custody of this office for proper disposition,” the report added.

Arrested were Renaldo Amani, 24; Michael Ulan-ulan, 22; Bryan Falera, 22; Ricardo Sales, 36; Romel Calacat, 29; Antony Bayawan, 22; Jessie Montecillo, 29; Alvin Buccat, 29; Sustines Bantayan, 45; and Ian Debalde, 24.

With the tension between the protesters and security forces, Davao City Mayor Sara Duterte-Carpio reminded demonstrators to adhere to the law or face charges.

“The Davao City Government respects the right of its people to protest and it has not shown hostility to groups expressing dissent, even allowing them to take their actions to the streets and air their voices in public – even during these days when the city is under Martial Law,” Duterte-Carpio said in a statement.

She said that while she respects the rights to freedom of expression, it does not give them the liberty to break the law, and thus she reminded those who might conduct protests in the future to not block the entrance and exit of establishments, not to harass non-protesting employees and pedestrians, and not to cause traffic to motorists.

There is already a standing order for police and the military to always observe maximum tolerance in dealing with protesters and avoid the escalation of violence, she said. Despite these rules set, the rallyists showed restraint to negotiate with the authorities.

“The protest has already compromised public interest. The protesters also ignored efforts to negotiate peacefully,” she said.

“Please note that while protesters can exercise their freedom to demonstrate, this does not give them the free pass to break laws and expect to just walk away from it,” she said.

The mayor also said that the arrested protesters “will be facing appropriate criminal charges in court.”

Read more: http://www.sunstar.com.ph/davao/local-news/2018/04/03/police-break-picket-outside-coke-596530
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Bottling and feeds processing workers protest DOLE decision denying them regular status

DAVAO CITY – On the 29th anniversary of the passage of the Herrera Law, contractual workers of Coca-Cola FEMSA Davao and Julu Feeds, Inc. picketed the regional office of the Department of Labor and Employment (DOLE) to protest against the recent decision acquitting labor agencies working under both companies of Labor-Only Contracting (LOC). The decision earned the ire of the protesting contractual workers since under the law, if such agencies are proven to practice LOC, an employer-employee relationship automatically exists between the principal and the workers, meaning that the workers would attain regular status with both Coca-Cola and Julu as their employers, respectively.

The decision penned by the DOLE Regional Director Raymundo Agravante declared that the alleged existence of LOC by the agencies are “unfounded” and thus ruled against the workers.

Meanwhile, Kilusang Mayo Uno-SMR blasted the decision, saying that it was clearly arrived at without thorough examination and scrutiny of the evidence presented by the workers.

“We are frustrated with the arbitrary ruling of the DOLE Regional Director because the workers presented strong evidence that LOC exists. The agencies had no substantial capitalization and both Coca-Cola and Julu clearly exerted control over the conduct of workers, standards, and process. The DOLE deliberately ignored such evidence and just proceeded to decide in favor of the capitalists,” said Carl Anthony Olalo, secretary-general of KMU-SMR.

The labor center further stated that workers count on the DOLE to provide at least an objective view of each case before releasing a decision which has disastrous consequences on their livelihood.

“This decision deprives contractual workers with the security of tenure they deserve, after years of working for the company. The least that the DOLE can do is apply the letter of the law objectively, which it did not do,” added Olalo.

Olalo blamed the country’s existing labor laws, such as PD 442 or the Labor Code and the Herrera Law, for legitimizing or ignoring the insidiousness of contractualization. Olalo further admonished the DOLE that they should expect more intensified protests from the workers in light of the compromise position Pres. Duterte has taken with respect to ending contractualization.

“If Duterte takes his promises lightly, we do not. Work is our livelihood, and a property right. We will do everything we can in order to ensure that every contractual worker is regularized. We want Duterte to sign the EO prepared by the labor sector. It’s all or nothing,” concluded Olalo.###