CEBU, Philippines - The Anita’s Home Bakeshop Inc. Employees Union and the Anita’s Home Bakeshop Workers Union-Alliance of Nationalist and Genuine Labor Organization-Kilusang Mayo Uno called on one another to put an end to alleged harassment in relation to their ongoing labor conflict.
Elpidio Caterbas, area coordinator of the ANGLO-KMU, urged the bakeshop’s management to stop harassing employees who are organizing their ranks.
ANGLO-KMU’s call was made in connection with the ongoing pre-election conference called for by the Department of Labor and Employment-7. Members of the AHBIEA, the independent union of the bakeshop company, have likewise urged ANGLO-KMU to stop harassing their members. AHBIEA has 164 members while AHBWU-ANGLO-KMU has only 33 members wherein 16 members are still working for the company.
Valentino Dagupan, president of the AHBWU-ANGLO-KMU, refuted the claim of Benjamin Cabinian, company operation manager and owner, that the AHBIEA has an existing collective bargaining agreement with the management.
Dagupan said that the bakeshop employees have been complaining about their wages being nailed below the minimum wage for a long time, an allegation that was already strongly denied by Cabinian.
“Logic tells us that if there had been a union or a prior collective bargaining agreement, employees would have long been freed from the bondage of unfair labor practice committed by the management,” Dagupan said adding that the alleged bogus management-backed union cannot claim incumbency.
Caterbas said that DOLE Undersecretary Romeo Lagman has ordered to conduct certification election because there is no record showing that AHBIEA is duly certified as sole and exclusive bargaining representative of the appropriate bargaining unit or any record showing voluntary recognition of the management during application of the CBA registration.
Cabinian, however, said that the management has recognized AHBIEA as the sole and exclusive bargaining agent of the company since 1986.
He gave The FREEMAN copies of their registration certificate issued last June 30, 1986 by Augusto Sanchez, former secretary of the then Ministry of Labor and Employment.
Registered certificate number 106-80-LC stated that AHBIEA beginning June 30, 1986 has been registered as a 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, social and economic well-being of its members.
On March 12, 2008, DOLE chief for labor relations Lilia Estillore and DOLE regional director Elias Cayanong registered AHBI and AHBIEA in its registration certificate number RO-700-2008-CB-1126 to serve 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.
Cabinian, however, said that DOLE registered the Anita’s Home Bakeshop Workers Union-ANGLO-KMU on April 2 of last year without looking through its own records.
Emmanuel Cañete, AHBIEA union consultant, said that they are not afraid of the certification election as they are sure that they will win as they have the majority of the members.
He claimed he is more worried about the legal implications in the event they will win as they will have to renegotiate its existing CBA, which is still due to expire in 2013.
Anita’s has branches in Fuente Osmeña, SM City-Cebu, Guadalupe, Tabunok, Banawa, Mabolo, Sto. Niño, E-Mall in Cebu City.
It also has three branches in Mandaue City (Centro, Maguikay and Cabangcalan) and some pushcarts in the various parts of Metro Cebu. — Mitchelle L. Palaubsanon/MEEV (THE FREEMAN)