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Starweek Magazine

The workers’ worker

- Butch M. Quejada, Mayen Jaymalin -
He saved three overseas filipino workers from possible death and has helped countless others in distress.

"It was simply pulling the right connections," says Roy Señeres, former ambassador and now chairman of the National Labor Relations Commission (nlrc) on how he was able to negotiate the release of ofws Sarah Balabagan, John Aquino and Wahida Malaydim. "I am no stickler for protocol when (it comes to) saving the lives of fellow Filipinos." Señeres personally went to the palace of the prince of Abu Dhabi and met with Islamic leaders so the ofws could be pardoned and allowed to return home.

When he served as Philippine Ambassador to United Arab Emirates from 1994 to 1998, Señeres recalls that his house would always be full of domestic helpers and other ofws who had left their employers.

"My children could not use their rooms because there were so many ofws in our house. But I told my kids that I am in a position to help so I should do my best to help them," he says.

Señeres, however, admits that helping others did not come naturally, but the transformation came when he was ambassador and personally experienced how difficult and lonely it was to be thousands of miles away from home.

"Even if they are not being maltreated by their employers it is very lonely to be abroad without your family," Seneres says as he expressed hope that more local jobs would be created so that Filipinos would no longer have to go abroad to seek greener pastures.

Today, Seneres has his hands full dispensing justice for the 35 million Filipinos that comprise the country’s labor force as head of the National Labor Relations Commission (nlrc).

The nlrc, created in 1974 to take over the functions of the now defunct Court of Industrial Relations, is a quasi-judicial agency of the government mandated to adjudicate labor disputes speedily and fairly through compulsory arbitration. Attached to the Department of Labor and Employment for program and policy coordination, it is divided into five divisions, three of which that are based in the National Capital Region, and the other two located in Cebu City and Cagayan de Oro.

Through its chairman and 14 commissioners, the nlrc resolves cases involving national interest certified by the Secretary of Labor, as well as petitions that seek to enjoin or restrain any actual or threatened commission of prohibited or unlawful acts in any labor disputes.

"We also have the sole jurisdiction to decide over labor standard cases like non-payment of salaries and other benefits. This includes ofws who were terminated," he explains. "They can file their complaints here with us against their employers and the agency that deployed them."

Since assuming the post in June 2000, Señeres’ biggest case has been that of the hundred ofws who filed suit against the American contractor Halliburton-Kellog Brown and Root.

"We ordered the US firm to pay $28 billion in back wages," he says. "The case is now pending before the Court of Appeals."

Annually, about 52 new cases are filed before the nlrc. Each case usually takes around six months to a year to be resolved.

The last five years saw an average yearly increase of six percent in compulsary arbitration cases brought before the Regional Arbitration Branches. Last year, 33,474 new labor cases were received by the commission, of which 8,579 cases were resolved, even though the commission only has around 100 labor arbiters.

"We are miserably undermanned so I decided to utilize every employee, including the clerks and stenographers, as long as they are capable of joining the mediation," Señeres reveals.

These "peacemakers" as he calls them, participate in mediation of labor cases in an effort to settle them before they are arbitrated, which is a long and tedious process.

"All our employees try to concilliate," he says. "And by doing so we are able to settle disputes early and this reduces the number of pending cases by 44 percent."

Señeres believes that with the appropriate mediation, many labor disputes can be settled amicably and this includes the one filed by the dismissed workers of Hacienda Luisita.

This is why Señeres has directed all commissioners to conduct workshops for labor arbiters to establish criteria and standards in devising ways and strategies to consolidate summary proceedings and to improve nlrc’s image before the public.

As chief of the nlrc for the past four years, Señeres has adopted many innovative measures with the aim of reducing the backlog of labor disputes and helping as many workers as possible.

This includes his continuing review of the nlrc Rules of Procedure aimed at simplifying and expediting disposition of cases, paving the way for amendments enacted in 2002.

Señeres also gives emphasis on concilliation, voluntary arbitration and of course, mediation to fast track their activites and help reduce their backlog of cases. He also initiated round table discussions with the Justices of the Court of Appeals to thresh out procedural gaps, which he says causes delays in their implementation.

During the commission’s 30th anniversary last November 1, the Association of Labor Arbiters Associates and the National Association of Labor Arbiters, Inc. cited Señeres for his more than 30 years of exemplary performance in public service, as well as for being a leading diplomat and a principal figure in the field of international relations.

Seneres has laid out his plans and thrusts for next year, which he says will further improve and enhance nlrc’s services.

For one, he intends to strengthen the arbitration process through legislative reforms among others. He also aims to develop internal and external linkages and to partner with local government units in the area of labor dispute settlements. He also promises to reach out more to the public and to continue personnel enhancement and development programs.

"For as long as I am strong, I will continue helping and taking care of countless number of people," he says.

ABU DHABI

ASSOCIATION OF LABOR ARBITERS ASSOCIATES AND THE NATIONAL ASSOCIATION OF LABOR ARBITERS

BUT I

CASES

ERES

LABOR

NATIONAL LABOR RELATIONS COMMISSION

NLRC

NTILDE

SENERES

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