Clark Development Corporation faces raps

Friday, November 25, 2011
CLARK FREEPORT — Members of a supervisory union of the Clark Development Corporation (CDC) filed on Tuesday unfair labor practices case against the management of the state-owned firm.
Victor Barbieto, Association of the CDC Supervisory Personnel (ACSP) president, said the union was prompted to file a case against the CDC top management because they refused to bargain on several items on the economic and non-economic provisions of the collective bargaining agreement’s (CBA) proposed new life.
The labor case was filed at the regional office of the National Conciliatory and Mediation Board in San Fernando City following the declaration of deadlock on the CBA negotiations last Wednesday.
Barbieto said the ground rules, which were agreed upon by both parties, state that the CDC management will in “good faith” negotiate with the ACSP on issues of non-economic and economic provisions of the proposed CBA.

The CBA, under the labor code, is the avenue where union group created legally under the law can bargain on the economic and non-economic benefits of employees.
Barbieto said the management panel, chaired by CDC executive vice president Philip Panlilio, is constraint to negotiate on the economic provisions and the three items left in the non-economic provision of the CBA due to several issues.
Despite the agreement on the ground rules, Panlilio told the bargaining unit of CDC that the management is prohibited to continue negotiations due to the restrictions on the issuance of Executive Order 7 and Republic Act 10149, Barbieto said.
The CBA is mandated by the Labor Code of the Philippines, which is guaranteed by the Philippine Constitution, Barbieto said.
Citing the Constitution, Barbieto said, “The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.”
“It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law,” Barbieto added, quoting the Constitution.
The management panel insists that they cannot negotiate due to the section 10 of EO 7, which states, “Suspension of all exorbitant allowances, bonuses, incentives for the Members of the Board of Directors/Trustee and top management are suspended until December 31, 2010.”
RA 10149 is the Government Owned and Controlled Corporation (GOCC) Governance Act of 2011 as consequence of the issuance EO 7, Barbieto said.
He also said EO 7 was issued by President Benigno Aquino III to curb the exorbitant salaries of the top management and the members of the Board/Trustees of the GOCC, which does not apply (CDC) employees, as “salaries are based on the results of CBA negotiations.”
“It has been five years since we have received salary increase which we derived from the 2006 CBA negotiations,” the ACSP president said.
Barbieto said they were compelled to declare the CBA deadlock because the management panel is insisting that 22 members be removed from the ACSP roster and that their position be declared confidential in nature.
Aside from this, Barbieto also cited other issues including the refusal of the CDC management to create Labor Management Council (LMC) despite being promoted by the Department of Labor and Employment as specified in the Labor Code of the Philippines.
Barbieto also stated the non-agreement of management to approve the provision on the Union Security.
“We have waited for so long to negotiate with the CDC management, despite having several issues on ‘wage distortion,’ and yet ACSP waited for the proper venue to ventilate legal labor issues, but instead the CDC management insisted not to negotiate with us because, according to Panlilio, their hands are tied on the EO 7 and RA 10149,” Barbieto said.
According to the ACSP, the management said based on the RA 10149, “there is a moratorium on increase in salaries, allowances, incentives and other classification system which shall be applicable to all officers and employees of GOCC.”
But looking on the RA 10149, ACSP president said “there’s no such paragraph or sections” which states moratorium on the economic improvement of GOCC employees.
Barbieto said since the start of the negotiation, the management panel has been negotiating with them in “bad faith” because their intention since the beginning of the negotiation is that they will not negotiate on the economic provisions of the proposed CBA.
“Everybody knows that CDC is in good financial condition which has been written in some press releases, stated on Senate hearings, reported to the President, among others,” Barbieto said. (Reynaldo G. Navales)
Published in the Sun.Star Pampanga newspaper on November 26, 2011.
http://www.sunstar.com.ph/pampanga/local-news/2011/11/25/clark-development-corporation-faces-raps-192516

Clark Wine Center was built in 2003 by Hong Kong-based Yats International Leisure Philippines to become the largest wine shop in Philippines supplying Asia’s wine lovers with fine vintage wines at attractive prices. Today, this wine shop in Clark Philippines offers over 2000 selections of fine wines from all major wine regions in the world. As a leading wine supplier in Philippines, Pampanga’s Clark Wine Center offers an incomparable breadth of vintages, wines from back vintages spanning over 50 years. Clark Wine Center is located in Pampanga Clark Freeport Zone adjacent to Angeles City, just 25 minutes from Subic and 45 minutes from Manila.

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Getting to the Clark Wine Center wine shop from Manila is quite simple: after entering Clark Freeport from Dau and Angeles City, proceed straight along the main highway M A Roxas. Clark Wine Center is the stand-along white building on the right, at the corner A Bonifacio Ave. From the Clark International Airport DMIA, ask the taxi to drive towards the entrance of Clark going to Angeles City. From Mimosa, just proceed towards the exit of Clark and this wine shop is on the opposite side of the main road M A Roxas.

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Bldg 6460 Clark Observatory Building
Manuel A. Roxas Highway corner A Bonifacio Ave,
Angeles Clark Freeport Zone, Pampanga 2023
0922-870-5173 0917-826-8790 (ask for Ana Fe)

Wine@Yats-International.com

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Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 ask for Rea or Chay

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