Kaisahan ng mga Manggagawa sa Phils-Jeon, Independent
(Union of the Workers in Phils-Jeon)
KMPJI Factsheet
Updated as of 15 September 2006
Name of factory: Phils. Jeon Garments, Inc., a Korean factory owned by the Tae-chang Co. Ltd. based in South Korea. It started their operation in 1990. The company's president is Yang Son Choi.
Product information: The produced T-shirts, underwear, and lingerie products for Al-alseel, O/X, DreamStation and CNI. The products are being exported to countries like South Korea, Japan, Middle East and in the US.
Name of labor union: Kaisahan ng mga Manggagawa sa Phils, Jeon, Inc. (KMPJI-Ind.). They have a total of 185 union members out of 400 regular rank-and-file employees.
Type of labor violations: Refusal to bargain, union busting, illegal dismissal of the union's president-- Emmanuel Bautista, discrimination of work schedule.
Background of the case:
In 2003, regular and rank-and-file employees successfully formed their union, the Kaisahan ng mga Manggagawa sa Phils, Jeon, Inc. (KMPJI-Ind.). They have the union registered and soon after filed the Petition for Certificate of Election (PCE).
Attempts were made to either prevent or delay the holding of the Certificate of Election (CE). The management's threatened its workers it would close down should the union win the election. The management also filed a motion to postpone the posting of notice for the election to the date by earlier agreed upon between them and the union. Such action disqualifies the union of holding the election for failure to comply the 10-day required posting of notices prior to the election.
On August 16, 2004, the election was held inside the factory. The union had to wait for another one year to observe the one-year ban after it did not succeed in holding the election in 2003. During the 2004 election, 277 voted "Yes" in favor of creating of the union as against 71 for No vote.
After the union won the election, the management has again filed protest questioning the result of the election before the Department of Labor and Employment (DOLE IV). In their protest, the claimed that there were 22 workers who have not been able to vote and that there were no formal notice posted prior to the election. The Dole, however, denied the company's election protest in favor of the union on its decision in November 2004.
Again, the company filed another appeal to the Secretary of the DOLE. The DOLE, once again, rejected the company's appeal in their separate decisions dated March 1, 2005 and July 22, 2005. The DOLE has declared the union as sole and exclusive bargaining representative (SEBR) to negotiate with the management on behalf of the workers. In November 19, 2005, the labor department issued an Entry of Judgement proclaiming its decision recognizing the union as final and executory.
The company, however, appealed for the DOLE's decision, when it filed another petition for certiorari before the Court of Appeals (CA) on December 29, 2005. In their appeal they questioned the union's legitimacy. The CA dismissed it less than four months later due to technical irregularities.
Since March 21, 2005, the union had already sent a Letter of Intent (LOI) to the management to begin negotiation for Collective Bargaining Agreement (CBA). The management continued on refusing to consider the union's request claiming their appeal on the matter is still. Such as action by the management is contrary to law. According to existing rules, the decision by the DOLE as final and executory cannot be overturned in absence of a Temporary Restraining Order (TRO).
On August 12, 2005, after the union's president--Emmanuel Bautista--was imposed with a one month suspension he was illegally dismissed in absence of sufficient grounds. In dismissing Bautista, the management claimed he was dismissed for serious misconduct but the union members believed it was made to punish Bautista. Prior to Bautista's termination, he has sought for a dialogue due with the management following complaints by his co-workers of strangely strict rules and regulations the company was implementing. During that incident, one of the Korean employers challenged Bautista for a fistfight instead to resolve their conflict but Baustista merely reasoned out. It is believed that Baustista's termination obviously has something to do with his leadership in the union.
The union had already sent a total of nine Letters of Intent (LOI) but the management has continued on refusing to neither begin the negotiations for the CBA nor meet the union leaders for a dialogue. As a sign of protest to pressure the management, the union has since been holding a noise barrage daily since July this year. They wore ribbon and placards to protest the management's continued either refusal to begin negotiation for CBA and ignoring the union's letters.
On August 29-31, at least 63 workers--all of them are union members--were forced to go on vacation without prior notice. Although the management's claimed the forced vacation was due to absence of job contracts, but it is reported that contractual employees have continued on reporting for work.
At the moment, the union had already filed a Notice of Strike for the management before the National Conciliation and Mediation Board (NCMB) for their continued refusal to bargain, illegal dismissal of union president--Emmanuel Bautista, union busting at discrimination of work schedule. A separate complaint was also filed before the National Labor Relations Commission (NLRC) and Regional Arbitration Board (RAB-IV) for the forcible leave of absence.
On September 1, 2006, the union members held an election for strike. 179 of union members voted to go on strike of the 204 total number of votes. After the management learned of the impending strike, it imposed successive memorandums and sent warning to active union leaders and members. The management likewise imposed a No Work every Mondays claiming that there was an absence of job contracts.
Prepared by:
Research, Documentation, Information and Publication Program
Workers' Assistance Center Inc. (WAC)
