KMU: Union recognized by Anita's not "incumbent"

CEBU, Philippines - Amidst allegations of “union raiding” by the Anita’s Home Bakeshop Workers Union-Alliance of Nationalist and Genuine Labor Organization-Kilusang Mayo Uno, the militant labor group insists that the Anita’s Home Bakeshop Incorporated Employees Association is not the incumbent union of Anita’s Home Bakeshop Inc.

Elpedio Caterbas, area coordinator of ANGLO-KMU, said AHBIEA President Guilberto Burug should stop making false statements against ANGLO-KMU because AHBIEA is allegedly not the incumbent union at the company.

Caterbas said DOLE Undersecretary Romeo Lagman has ordered the conduct of a certification election reportedly because there is allegedly no record that would show AHBIEA is the duly certified and sole and exclusive bargaining representative of the appropriate bargaining unit.

Likewise, there reportedly is no record that would show voluntary recognition on the part of Anita’s management during application of the CBA registration.

But contrary to this allegation by Caterbas, Benjamin Cabinian, operations manager of Anita’s Home Bakeshop Inc., said the management has recognized AHBIEA as the sole and exclusive bargaining agent of the company since 1986.

Cabinian showed to The FREEMAN their registration certificate issued on June 30, 1986, which was issued by then Ministry of Labor and Employment Secretary Augusto Sanchez.

Registered certificate number 106-80-LC stated that beginning June 30, 1986, AHBIEA is registered as legitimate labor organization in the Philippines with the right to act as representative of its members for the purpose of CBA with employers and the right to promote the moral and economic well-being of its members.

On March 12, 2008, DOLE Labor Relations chief Lilia Estillore and DOLE Regional Director Elias Cayanong issued to AHBI and AHBIEA registration certificate no. RO-700-2008-CB-1126, which served as the basic covenant between the parties on terms and conditions of employment.

“It shall have the force and effect of law between the parties during the period of its effectivity from February 1, 2008 to January 31, 2013 or until otherwise superseded by new collective bargaining agreement,” the registration reads.

To disprove the claim of AHBWU-ANGLO-KMU, Cabinian said DOLE registered the group on April 2, 2008 without looking through its own records.

“Ambot aning DOLE, they issued a certificate of registration to AHBWU-ANGLO-KMU. Wala nila tan-awa ilang records nga to think our company has already an existing labor union and the CBA will expire on 2013,”Cabinian said.

Cayanong was not available for comment yesterday.

Burug already made an appeal for ANGLO-KMU to stop harassing those who do not want to join their group and to respect the existing CBA between AHBIEA and the management.

But Caterbas countered this appeal by urging the management to respect the order of DOLE to conduct a certification election among rank-and-file employees of Anita’s Bakeshop.

The management currently has 164 workers, 33 of which had joined ANGLO-KMU. Of the 33, however, only 16 remain employed. Cabinian said there is a close-shop agreement wherein all employees automatically become members of the company’s union —referring to AHBIEA— from the start of their employment but despite their membership to ANGLO-KMU, Cabinian said he will not fire the 16 workers. — Mitchelle L. Palaubsanon/JMO (THE FREEMAN)