CEBU, Philippines - Former Senator Ernesto F. Herrera questioned what he viewed as a “faulty decision†of the Department of Labor and Employment on the leadership issue of Trade Union Congress of the Philippines.
“The decision is thoroughly flawed. Imagine substituting a faulty interpretation to a clear provision of the TUCP constitution. It is ridiculous in resolving that a convention has to approve a president’s resignation,†said Herrera in a press statement sent to The Freeman.
Herrera lashed at DOLE for meddling in the intra-union dispute of TUCP after DOLE affirmed on May 28 the Aug. 12, 2012 resolution of the Bureau of Labor Relation declaring that the rule for succession in the TUCP Constitution is not clear, and proposed a convention to resolve the issue.
Section 9 of the TUCP constitution provides that “in the event of vacancy in the office of the President by reason of death, permanent disability, resignation or removal from office, the General Secretary shall succeed the latter and shall serve for the unexpired term,†he pointed out.
“Nobody is laughing, as every single union, local, federation, or otherwise, with a succession provision in its constitution, would be affected by this faulty DOLE decision,†noted Herrera.
In an earlier interview with The Freeman, Herrera said that being the then TUCP secretary-general and with the resignation of TUCP president Democrito Mendoza on November 1, 2011, under the TUCP by-laws, he succeeded the latter.
The TUCP Executive Board met on Nov. 9, 2011 and accepted Mendoza’s resignation and honored him the title as “president emeritus.†It also affirmed the assumption of Herrera as president.
When the TUCP General Council convened on Jan. 27, 2012, they reaffirmed the act of the Executive Board declaring that the process was consistent with the TUCP Constitution.
Without a complaint from concerned parties, DOLE intervened citing related Labor Code Provisions but Herrera said TUCP will exhaust administrative remedies against the DOLE decision released last June 6.
Prior to the DOLE resolution, TUCP’s two parent organizations: International Trade Union Confederation (ITUC) Asia Pacific based in Singapore and ITUC in Brussels endorsed the constitutional succession of Herrera as TUCP President.
The American Center for International Labor Solidarity (Solidarity Center), the Union Network International – Asia Pacific, and the consultant of the Danish Trade Union Council (LO-FTF) also expressed the same support to TUCP under Herrera.
Furthermore, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) recognized the contributions of Herrera to labor and the country, and accorded him with the George Meany Award along with former Poland President Lech Walesa.
The former Senator from Cebu and Bohol is the first Asian given the award.
The press statement also pointed out that invitations for international fellowship programs for unions from the International Labor Organization, ITUC, ITUC AP, and the Japan International Labor Foundation, among others, have been coursed through Herrera in his capacity as TUCP President.
Herrera added that in a little over a year under his leadership, they have sent 30 trade union leaders and members in various international conferences and training, including the ongoing international labor conference in Geneva and in the recent Asian Development Bank governors meeting in Delhi, India.
Recently, TUCP welcomed the reactivation of membership of four federations. They are the National Union of Bank Employees, National Labor Union, Philippine Association of Free Labor Unions and National Federation of Labor.
More industry unions and national federations further broadened the representation by TUCP of workers in the country including the Voice in the Call Center Industry, the Teachers Organization of the Philippines - Public Sector, Obrero Pilipino, Alliance of Independent Unions in Hotels, Restaurants and Casino, BPO Workers Association of the Philippines, and Philippine Land Transport Industry Union. (FREEMAN)