22 April 2003
Letter to the Editor
We would like to thank Mr. Robin Sy, president of the Federation of Filipino-Chinese Chamber of Commerce and Industry, Inc. (FFCCCI), for his candor in explaining their proposals reported in several major dailies yesterday, April 21: a 10-year moratoriumon labor strikes; stretching contractual work from six months to two years; and, hiring workers at an apprentice rate which is below the minimum wage. While we certainly would not agree to his repulsive ideas, we commend him for his honesty in admitting what we have been saying all along: that employers like him are only concerned about one thing - how to milk the workers for more profits! Indeed for employers like him, greed is quite a virtue!
Coming at a time when we are about to celebrate the centennial anniversary of the International Labor Day in the country, the proposal of Mr. Sy and his organization is a clear reminder to all of us how some employers, if not most, can be very insulting.
But perhaps they are just ignorant of our past. So allow us to remind Mr. Sy and other employers like him of the near-slave conditions of the working people that the labor movement has fought against for more than a hundred years. Hazardous working conditions; work shifts that could last more for than 12 hours; wages that are barely enough to keep the workers alive for a day; no minimum labor standards whatsoever; and, absolutely no trade union rights! All these conditions were drastically changed because of the labor movement's determined struggle to advance workers' and trade union rights through collectively bargaining and, when necessary, as it was in most cases, to wage concerted actions, including strikes.
How else do you think workers managed to get a better deal, by waiting for employers like Mr. Sy to have a sudden attack of "generosity"? Do you think Mr. Sy and his kind would open their books of account (it is anybody's guess just how many they keep) to their workers and disclose just how much their companies are raking in profits? Of course not! Everything that the working people now enjoy was paid for by unionists. In most cases, they do so by putting their jobs on the line, sometimes even their very own lives! Thus while strike is generally a response to oppressive conditions, workers take strike action only as their weapon of last recourse. And judging by how much the labor movement has uplifted workers' lives throughout these years, one can easily say that the right to strike, or even the threat of a strike, was instrumental in changing the conditions of the working people.
It is not surprising for us that Mr. Sy and his organization would complain against strikes. After all, what employers like him hoard as profits are nothing but wages and benefits that should have been enjoyed by their workers.
What is surprising though, is that Mr. Sy and his organization even had the temerity to claim that should government heed their proposals, the country would stand to gain 3 million jobs in the next two years. It uncannily sounds like the same promises made by Gloria Macapagal Arroyo, years ago when she, as a senator, was selling the benefits of joining GATT-WTO. We all know what happened to her promises - nothing!
And just exactly what kind of jobs are they promising? Contractual labor stretched to two years with workers being paid below minimum wage! In other words, they no longer want to exploit workers for three to six months, as most employers currently do. This time they want to do so for two years!
But let us not be too harsh in judging Mr. Sy and his kind. After all, they are just living up to what capitalism is really all about - greed!
see also:
http://www.inq7.net/opi/2003/apr/24/text/letter_1-1-p.htm
Showing posts with label labor strike. Show all posts
Showing posts with label labor strike. Show all posts
May 23, 2002
Strike in Hyatt Regency Hotel Enters Its 2nd Week
The labor row at Hyatt Regency Hotel entered its 2nd week today as the management continues to deny the workers’ demands. Some 200 regular rank and file workers struck last May 10, 2002 after the Hotel illegally sacked 48 regular workers and replaced them with 60 contractual workers.
The management stood firm on their action despite the union’s proposal to settle the case in a conference called by the National Conciliation and Mediation Board (NCMB) last May 13. Instead, the hotel management petitioned the National Labor Relations Commission (NLRC) last May 15 to issue a temporary/permanent injunction against the striking workers. Last May 20, the hotel asked the labor arbiter to issue the Temporary Restraining Order (TRO) in 2 days time.
“The TRO would give the management the sanction to call for police intervention to disperse the striking workers. Obviously, the Hotel management’s strategy is to demoralize the strikers by wearing them out, hoping that in process, they could force the workers to give up their rightful demands,” Edwin Bustillos, president of Samahan ng mga Manggawa sa Hyatt, said.
“Such a strategy would not work. The strikers vow to continue the struggle. They could not give up their rights because nothing would be left of them once they give up on it,” Bustillos said.
The management stood firm on their action despite the union’s proposal to settle the case in a conference called by the National Conciliation and Mediation Board (NCMB) last May 13. Instead, the hotel management petitioned the National Labor Relations Commission (NLRC) last May 15 to issue a temporary/permanent injunction against the striking workers. Last May 20, the hotel asked the labor arbiter to issue the Temporary Restraining Order (TRO) in 2 days time.
“The TRO would give the management the sanction to call for police intervention to disperse the striking workers. Obviously, the Hotel management’s strategy is to demoralize the strikers by wearing them out, hoping that in process, they could force the workers to give up their rightful demands,” Edwin Bustillos, president of Samahan ng mga Manggawa sa Hyatt, said.
“Such a strategy would not work. The strikers vow to continue the struggle. They could not give up their rights because nothing would be left of them once they give up on it,” Bustillos said.
May 10, 2002
WORKERS OF HYATT REGENCY MANILA ON STRIKE!
Two days after being mauled by the Hotel’s security guards during a peaceful picket protest, the workers of Hyatt Regency Manila is now on strike!
At exactly 2:30 this morning, 210 rank and file workers of the plush Hotel in Pasay City went on strike in response to the Hotel management’s unjustified mass lay-off. The workers, belonging to the National Union of Workers in Hotel Restaurant and Allied Industries (NUWHRAIN-APL-IUF), asserts that the mass lay-off is merely a pretext to bust the union since the Hotel management has yet to prove its claims of financial losses and has started hiring contractual workers. There is widespread suspicion that this is the Hotel’s way of getting back at the Union for demanding at least 1.3 million undistributed service charge collections from 1999 to 2001.
Last 5 May 2002, the Hotel sacked 48 regular rank and file workers. Yet the very next day, the Hotel hired 60 contractual employees through 3 manning agencies. Meanwhile, the Hotel management insists on filling up positions previously vacated by regular employees with casual workers.
As early as January of this year, the Union, in the absence of any evidence of financial losses, has strongly registered its opposition to the Hotel management’s plan of reducing regular rank and file employees from 248 to 150. The fact is, in 1999, the Hotel earned P35 million pesos while in 2000 it earned P39 million pesos. Suspiciously, the Hotel continues to ignore the Union’s repeated demands for its financial statement in 2001. The Union believes that despite the political crisis, the Hotel profited in 2001.
To make matters worse, the Hotel also ignored the Union’s offer to take what amounted to pay cuts to avoid retrenchments so long as management can show proof of financial losses. The Union’s proposal for cost saving measures even included taking 30-day vacation leaves without pay and a 5-day working period
Failing to arrive at an amicable settlement, the Union filed a Notice of Strike (NOS) last 12 April 2002 for unfair labor practices, including CBA violations.
The mass lay-off is a clear violation of the Hotel’s Collective Bargaining Agreement (CBA) with the Union which specifically prohibits the contracting out of jobs occupied by regular employees. Article IV, Section IV of the CBA states that:
“The Hotel shall not contract out services being performed by the regular rank and file employee when the same will interfere with, restrain or coerce employees in the exercise of the right to self-organization.”
It should be noted that Article 248 of the Philippine Labor Code also covers this prohibition.
Obviously, the mass lay-off has no basis. The Hotel is not operating at a loss and it appears that it is even in need of more workers! This begs the question: Why would management resort to illegally terminating its regular workforce? The answer is simple: to bust the Union which has uncovered at least 1.3 million undistributed service charge collections from 1999 to 2001!
The Labor Code stipulates that 85% of all service charge collections shall be distributed to the workers while 15% shall be used to cover breakages and losses. In the case of Hyatt Regency, the CBA provides that 95% shall be distributed to workers while 5% shall cover breakages and losses.
The strike in Hyatt Regency Manila is a struggle not just to prevent the illegal termination of 48 regular rank and file workers but to defend the worker’s constitutional right to self-organization!
It is for this reason that the Union enjoins the general public, especially the Hotel’s valued guests, to refrain from patronizing Hyatt Regency Manila until all the illegally terminated workers are fully reinstated.
The Union urges Jose Mari Chan, President of Hotel Enterprises of the Philippines, Inc. (HEPI), owner of the Hyatt Regency Manila, to direct the Hotel’s management to heed the rightful demands of the Union.
Finally, the Union urges the Secretary of the Department of Labor and Employment (DOLE), Patricia Santo Tomas, to restrain from assuming jurisdiction over this labor row especially if such an action would not result to the immediate physical reinstatement of all illegally terminated workers.
NUWHRAIN is a founding member of the Alliance of Progressive Labor (APL) and is affiliated to the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) based in Geneva, Switzerland.
May 9, 2002
Hyatt Hotel Harassed Its Own Employees
Scores were injured while 3 of the union officers were mauled yesterday, 8 May 2002, when security guards of Hyatt Regency attacked some 100 employees who were on their third day of peaceful picket protests in front of the plush hotel in Pasay City.
“This just shows the hotel’s utter disregard for human and trade union rights,” Edwin Bustillos, President of Samahan ng mga Manggagawa sa Hyatt (SAMASAH-NUWHRAIN-APL), said.
The labor row stemmed from the mass lay-off of 48 regular rank and file employees, which, the management said was due to redundancy and cost cutting. However, even before issuing walking papers to the hapless workers, the management hired 60 contractual employees through 3 manning agencies. Meanwhile, the Hotel management, in clear violation of its Collective Bargaining Agreement with the Union, insisted on filling up positions previously vacated by regular employees with casual workers.
The Hotel management has yet to show evidence of financial losses. In 1999, the Hotel earned P35 million pesos while in 2000 it earned P39 million pesos. The Hotel continues to ignore the Union’s repeated demands for its financial statement in 2001.
To make matters worse, the Hotel also ignored the Union’s offer to take what amounted to pay cuts to avoid retrenchments so long as management can show proof of financial losses. The Union’s proposal for cost saving measures even included taking 30-day vacation leaves without pay and a 5-day working period
“One does not have to be a genius to figure out the Hotel management’s intention – to replace regular employees with contractual and casual workers, ultimately to bust the union,” Bustillos said. “If this is not resolved in the soonest possible time, we would be forced to take strike action,” he added.
Hotel Enterprises of the Philippines, Inc. (HEPI), owner of the Hyatt Regency Manila, signed a CBA with the Union last year, 19 November 2001, specifying that the Hotel should maintain 248 regular rank and file employees for the period 2001-2003. Reneging on its commitment, the Hotel management plans to reduce its regular workforce to 150.
The Union filled a Notice of Strike (NOS) for unfair labor practices, including CBA violations, last 12 April 2002.
NUWHRAIN is a national union of workers in the hotel, restaurant and food industries. It is a founding member of the Alliance of Progressive Labor (APL) and is affiliated to the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) based in Geneva, Switzerland.
“This just shows the hotel’s utter disregard for human and trade union rights,” Edwin Bustillos, President of Samahan ng mga Manggagawa sa Hyatt (SAMASAH-NUWHRAIN-APL), said.
The labor row stemmed from the mass lay-off of 48 regular rank and file employees, which, the management said was due to redundancy and cost cutting. However, even before issuing walking papers to the hapless workers, the management hired 60 contractual employees through 3 manning agencies. Meanwhile, the Hotel management, in clear violation of its Collective Bargaining Agreement with the Union, insisted on filling up positions previously vacated by regular employees with casual workers.
The Hotel management has yet to show evidence of financial losses. In 1999, the Hotel earned P35 million pesos while in 2000 it earned P39 million pesos. The Hotel continues to ignore the Union’s repeated demands for its financial statement in 2001.
To make matters worse, the Hotel also ignored the Union’s offer to take what amounted to pay cuts to avoid retrenchments so long as management can show proof of financial losses. The Union’s proposal for cost saving measures even included taking 30-day vacation leaves without pay and a 5-day working period
“One does not have to be a genius to figure out the Hotel management’s intention – to replace regular employees with contractual and casual workers, ultimately to bust the union,” Bustillos said. “If this is not resolved in the soonest possible time, we would be forced to take strike action,” he added.
Hotel Enterprises of the Philippines, Inc. (HEPI), owner of the Hyatt Regency Manila, signed a CBA with the Union last year, 19 November 2001, specifying that the Hotel should maintain 248 regular rank and file employees for the period 2001-2003. Reneging on its commitment, the Hotel management plans to reduce its regular workforce to 150.
The Union filled a Notice of Strike (NOS) for unfair labor practices, including CBA violations, last 12 April 2002.
NUWHRAIN is a national union of workers in the hotel, restaurant and food industries. It is a founding member of the Alliance of Progressive Labor (APL) and is affiliated to the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) based in Geneva, Switzerland.
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