Carmen Copper: Strike notice violates CBA

CEBU, Philippines -  The management of Carmen Copper Corporation has maintained that the declaration of strike of the Panaghiusa sa mga Mamumuo sa Carmen Copper -Alliance of Genuine Labor Union violates the “no strike” policy in the existing Collective Bargaining Agreement (CBA).

The Toledo City-based mining company said the five-year CBA that the company management and PAMCC signed in September 2012 contains a clear “no strike” covenant and provides for a comprehensive grievance resolution mechanism that Carmen Copper has honored and implemented consistently.

“Under prevailing law and jurisprudence, a declaration of strike in violation of a no strike clause in a collective bargaining agreement is illegal,” reads the company’s official statement sent by Sofia Picardal, senior corporate relations and communication officer.

Last Thursday, PAMMC filed a notice of strike before the National Conciliation and Mediation Board-7 alleging that the company violated the CBA provision on next of kin, on uniform, on job classification, on medicine allowance, on hiring of new workers and on double standard of company policies implementation.

The union also alleged that the company’s decision to dismiss 30 regular employees who are members of  the union, the decision not to regularize the employment of 250 casual employees, and the company’s alleged interference with union affairs violated the agreement.

The company also said it is ready to show proof  that it has complied with its obligations as employer under the 2012 CBA and under the law. It has lodged with the NCMB a motion to strike out the union’s notice of strike.

Documents and data that would dispute PAMCC’s allegations will be presented to the NCMB during the mediation conference on February 18, 2014.

“At such forum, Carmen Copper will work earnestly towards an amicable settlement of the issue to ensure that its employees whose livelihoods depend on the strong operations of the company are not prejudiced by this unexpected action,” the statement reads.

The company recalled that in January 2013, an election was conducted for the certification of the bargaining representative of CCC’s rank-and-file union following the decision of the Department of Labor and Employment (DOLE) to grant the petition for certification election filed by another union, the Carmen Copper Workers Labor Organization.

The polls, according to the company, resulted in CCWLO obtaining the most number of votes.

However, PAMCC contested the conduct and outcome of the certification election.

The DOLE secretary is yet to resolve PAMCC’s petition and Carmen Copper said it will continue to recognize PAMCC as the exclusive bargaining representative of the union for the rank-and-file employees until such time that DOLE issues a decision.

The company said that prior to the certification election, PAMCC filed a petition for the cancellation of the registration of CCWLO as a legitimate labor organization.

The decision of the Bureau of Labor Relations to grant PAMCC’s petition, which was released after the certification election, was appealed by CCWLO and is pending before the  Court of Appeals for review.

“Irrespective of the pendency of the representation issue, Carmen Carmen is steadfast in fulfilling its commitment to its rank-and-file employees under the 2012 CBA and under employee welfare programs that it developed jointly with PAMCC,” CCC’s statement reads further.

PAMCC secretary Mark Cuizon said earlier that CCWLO is a company union and has no members except for at least 12 union officials. Of the 3,400 rank and file employees, 3,020 of these are their union members, he said.

Cuizon said that despite the notice of strike they have filed, they remain open to negotiate with the company as they observe the 15-day cooling period to hold off their strike.  (FREEMAN)