In his September 4 order, Cruz said the effectivity of the notice of retrenchment filed by the company with the DOLE regional office would take effect on September 9. He explained that since the order was served before September 9, the termination is deemed suspended until the labor dispute is resolved.
Last August 31, Cruz also issued an order stating that the DOLE national office has assumed the case between the management and workers, and issued a status quo to prevent workers from resuming with their strike. Cruz also referred the case to the National Conciliation and Mediation Board for arbitration.
"The situation is the status quo prior to the service of the August 31 order and should be maintained. Further, should there be any strike/picket/concerted action or lock out at the time of certification, all striking/picketing or locked out employees should immediately return to work and the company shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike/picket/concerted action. Such injunctive relief is pursuant to Article 263(g) of the Labor Code, as amended," the order stated.
Cruz said the 12 workers should be readmitted back to work by the company as they are still considered employees at the time of certification.
The labor official issued the RTW order after receiving a manifestation filed by the 12 Celloom Furniture Corporation Employees Union-Associated Labor Union-Trade Union Congress of the Philippines members led by union president Eliseo Masucol on September 1 stating that the company's management refused to readmit the retrenched workers despite the status quo order issued previously.
Cruz also ordered anew the two parties not to commit any act that may exacerbate the situation.
CFCEU members staged a strike last Thursday morning, demanding for the management to recognize their union and allow retrenched workers to go back to work. But several hours into the strike, Cruz issued a status quo and assumption order preventing workers from resuming with their activity.
Cruz said the DOLE national office has right to interfere in the problem because it may affect Cebu's furniture industry, which contributes about 60 percent of the country's total furniture exports.
The labor official said Celloom is the first and only loom furniture manufacturer/exporter in the Philippines.
The product is made of aluminum frame precision bended and shaped using sophisticated bending and rolling machines. The frame is woven with high quality material called Lloyd loom wicker. - Wenna A. Berondo