Employees: CDC execs won’t follow AVA ruling

CLARK FREEPORT–Executives from the Clark Development Corporation (CDC) continues to ignore the directive of the Accredited Voluntary Arbitrator (AVA) to implement the signed collective bargaining agreement between CDC and its supervisory union.
Vice President Pepito Galang, chief of the Corporate Services Group (CSG), said the CDC management is not inclined to grant the order of the arbitrator lawyer Froilan Bacungan despite deciding on the constitutionality of the agreement made by CDC and its union—the Association of CDC Supervisory Personnel (ACSP).
Bacungan decision’s favored the ACSP on November 5, recognizing their constitutional right to collective bargaining as provided in Article XIII, Sec. 3 of the Constitution.
However, after the mandatory 10 calendar days from receipt of award, by which it is deemed final and executory, the CDC management failed to implement the decision.
Because of the failure to execute the decision, Bacungan called for a hearing for the implementation of his order on Nov. 28 but after the motion of the CDC counsels were denied repeatedly, the CDC officials led by Galang walked out.
Aside from Galang, others who walked out from the hearing to resolve the issue were lawyers Joan Vitug-Evangelista and Bonifacio Tarenio; and Human Resource Department Manager Thelma Ocampo, together with an attorney from the Office of the Government Corporate Counsel (OGCC).
ACSP President Victor Barbieto viewed their walk out as “blatant disregard by the CDC management of existing procedures of the Labor Code and the basic rights of employees to CBA as enshrined in the Philippine Constitution.”
In the order, Bacungan directed CDC to implement immediately economic provisions of the CBA, which includes among others, salary increases, Personal Economic Relief Allowance (PERA), uniform allowance, clothing allowance and other benefits under the CBA.
With the continued defiance of CDC to implement lawful order, Bacungan directed the Department of Labor and Employment (DOLE) through the regional office of the National Conciliation amd Mediation Board in the City of San Fernando to see to it that the decision is effected immediately.
The CDC management has earlier elevated this case for review to the Court of Appeals and is requesting for a TRO from the court.
“This move on the part of management is a clear manifestation of the CDC’s bad faith in the negotiation process and intention not to implement the decision of the AVA,” Barbieto said.
Meanwhile, despite the non-implementation of the CBA the members of the ACSP are still appealing to the CDC management to give the rightful salary increase and other benefits of the CDC supervisory personnel in the spirit of the Christmas season.
“It has been five years since we have an increased in our salary and it’s only through CBA that we can negotiate for the increase of salaries and benefits of the members of the union,” Barbieto said.
The whole CBA package to date amounts to close to P6 million, “which is a small amount considering that the CDC supervisory employees waited five years for this increase.”
The ACSP officers lamented the total disregard of CDC management to their plight and even sued their own employees in court, instead of finding ways to resolve the issue for the benefit of all.
Barbieto also said the prolonged CBA negotiation deadlock, and non-implementation fiasco stems from this wrong premise on the part of the CDC management.
The CBA was signed between CDC and ACSP on March 2012 during the term of former CDC President Felipe Antonio Remollo.

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Clark Freeport Zone, Pampanga, Philippines 2023

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