Meter readers, disconnectors win petition for election certification

July 19, 2018

 

NAGA CITY --- The petition filed by a workers union composed of 85 meter readers, bill distributors, disconnectors, messengers, clerks, and janitors at Camarines Sur II Electric Cooperative, Inc. (Casureco II) based in this city has been granted its election certification by the regional office of the Department of Labor and Employment (DOLE) based in Legazpi City.

Further, the Casureco II Technical & General Services Workers Union – CTGSWU-Dialogwu -- and Casureco II were directed by the order to submit a certified list of the technical and general services workers/employees, or the payrolls covering the said members of the bargaining unit (workers’ union) for the last 3 months within 10 days upon receipt of the said order.

The favorable order was issued by Mediator-Arbiter Joan N. Noya-Nidua on June 14, 2018 but was released on June 29, 2018.

During the preliminary conference conducted, Casureco II counsel Atty. Jake Rupert Tabora objected to the petition on the ground that the petitioners’ (CTGSWU-Dialogwu) members have no employer-employee relations with the power coop (Casureco II) because the petitioners were merely supplied to the power coop by the Casurreco II Employees Multi-Purpose Cooperative (CEMPC) which is engaged in lending and canteen business.

Moreover, Casureco II contended that there was already an existing bargaining representative of the rank-and-file employees which is the Cassureco II Employees Labor Union (CASEMLU) where the petitioners’ members belong.

But the petitioners averred that they were not covered by the CASEMLU collective bargaining agreement (CBA) with Casureco II because they actually belong to the exemption/excluded unit which is the subject of the same petition.

CTGSWU also argued that employer Casureco II has no legal standing to oppose a petition for election certification, Casureco II being a mere bystander. It reiterated that in all cases, whether the petition for certification election is filed by an employer or a legitimate labor organization, the employer shall not be considered a party thereto with a concomitant right to oppose a petition for certification election.

The petitioners underscored that employer’s (Casureco II’s) participation should be limited to: 1) being notified of the petition of such nature; and 2) submitting the list of employees during pre-election conference should he Med-Arbiter act favorably on the petition, which is now the case.

The officers of the CTGSWU labor union are Arnold Pequeno, president; Dax Sanchez, vice president/secretary; Raymundo Nacario, treasurer; Bernabe Olabiaga, auditor; Erick Salvino, punlic relations officers. The members of the Board of Directors are:  Randy Solis, Vicente Alde, Benjamin Franklin Araguirang, Noli Deo, Leonard Ela II, and Christopher Labay.

Meanwhile, in another development, the appeal filed by Motorist Lodge Employees Union-Dialogwu that assailed the decision by the Executive Labor Arbiter dated Oct. 25, 2017 dismissing their complaint for unfair labor practice against their employer and for violating the “duty to bargain collectively” with a DOLE-certified bargaining agent was granted by the 5th Division of the National Labor relations Commission (NLRC).

The dispositive portion of the latest decision reads: “WHEREFORE, the appeal is hereby GRANTED. The assailed Decision dated 25 October 2017 of Executive Labor Arbiter Jose C. Del Valle, Jr. is REVERSED and SET ASIDE and a new one is entered declaring that Motorist Lodge is guilty of unfair labor practice.” And it continued, “Motorist Lodge is hereby ORDERED to perform its duty to bargain collectively and to negotiate with Motorist Lodge Employees Union-DIALOGWU the terms and conditions of a Collective Bargaining Agreement.”   Jose P. Dialogo



 

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