CEBU, Philippines - The Department of Labor and Employment dismissed the motion for reconsideration filed by former senator Ernesto Herrera on the leadership issue of the Trade Union Congress of the Philippines.
DOLE Undersecretary Rebecca Chato, by the authority of the DOLE Secretary, stated in a decision dated July 5, 2013 that after a review of the records of the case, DOLE finds that the issues raised by Herrera are the very same issues that have already been extensively discussed and passed upon by DOLE.
“We find no new circumstance or compelling argument that warrants its modification or reversal,†the decision read.
The decision added that having exhausted ways to conciliate a settlement agreement, the convening of a special convention for the sole purpose of electing the TUCP officers becomes imperative.
It added that the leadership issue should now be decided through election by the supreme body of the TUCP, which is the convention.
“This is the most democratic procedure of resolving the present intra-union dispute which is in accord with the principles of freedom of association under International Labor Organization Convention No. 87,†the decision stated.
It further stated that the conduct of secret balloting is a time-tested procedure that will afford TUCP members the opportunity to decide and exercise their sovereign will on the leadership issue. This is in accord with the long-settled principle of democratic governance.
Earlier, Herrera lashed at DOLE for allegedly meddling in the intra-union dispute TUCP after DOLE affirmed last 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.
In an earlier interview with The FREEMAN, Herrera said that he, being then the TUCP secretary-general, with the resignation of TUCP president Democrito Mendoza on Nov. 1, 2011, should succeed the latter.
The TUCP Executive Board met last Nov. 9, 2011 and accepted Mendoza’s resignation and named him president emeritus. It also affirmed the assumption of Herrera as president. (FREEMAN)