[APWSLMembers 321] Toyota workers have legitimate issues vs. DoLE "DoLE Chief discouraging decent exercise of trade union rights" - KMU

[Kilusang Mayo Uno]

KMU NEWS RELEASE
August 17, 2006

Toyota workers have legitimate issues vs. DoLE
"DoLE Chief discouraging decent exercise of trade union rights" - KMU

The militant labor group Kilusang Mayo Uno (KMU) condemned the violent
dispersal of the protest of Toyota Motor Philippines Corp. Workers
Association (TMPCWA) yesterday at the Department of Labor and
Employment. As a result of violent dispersal, many were injured and
around 21 union officers and members of the labor union were arrested
and are now detained at the Western Police District Headquarters in
U.N. Avenue, Manila.

"Why is it that every time workers exercise their right to free
assembly and freedom of speech, the government always treats them like
common criminals?"

Among those who were arrested are Ed Cubelo, Marlon Gonzales, Larry
Ormilla, Romualdo Simborio, Rommel Tolentino, Rey Cuevas, Carlito
Palamos, John Pajura, Petronio Taclan, Alex Caalim, Jun Torres,
Manolito Gertez, Angelo Gavarra, Roel Delgado, Virgilio Calandog,
Rommel Arceta, Lester Atun, Ricky Bindol, Joseph Alicabo and Rommel
Mariano. They were charged with cases of inciting to sedition,
physical injury, assault, damage to property and trespassing.

Yesterday morning, around 200 Toyota workers protested at DoLE to
further assert their opposition to the National Conciliation and
Mediation Board and DoLE's earlier decision recognizing and certifying
a company-sponsored union as the sole bargaining agent on the workers'
behalf. The TMPCWA union accuses DoLE officials of colluding with the
company-dominated union and the Toyota management.

The TMPCWA is also pushing for the reinstatement of 233 illegally
dismissed union members, declaration of failure of election and
junking of the DoLE decision on the Toyota Motor Philippines Corporate
Labor Organization (TMPCLO) certification.

An illegal certification election on February 16, 2006 which was
pushed by the company union TMPCLO failed to achieve a simple majority
of 50% + 1 and yet was recognized by DOLE. Legally, the TMPCWA remains
as the sole union with bargaining right under the labor law.

According to KMU Chairman Elmer Labog, the issues raised by Toyota
workers to Labor Secretary Arturo Brion are legitimate. "Entering DoLE
premises is their way of expressing their grievances and they wanted
Brion to face up to their demands immediately. But the guards refused
to  let them enter the building and eventually manhandled them when
they asserted their rights. Ironically,  Brion made up an incredible
story and even issued a strongly worded statement of condemnation
after the workers allegedly stormed his office."

"His statement condemning the manner and conduct of the workers
protest at DoLE yesterday is actually a statement discouraging the
exercise of trade union rights. It seems that the Labor Chief only
recognizes brute force when it is allowed by law such as Assumption of
Jurisdiction orders, Temporary Restraining Orders and other DoLe
mandated laws violating workers rights and interests. He doesn't react
the same way when striking workers and picket lines are violently
dispersed by police and military elements or when union leaders and
activists are being killed in broad daylight," Labog said.

The labor group also said that the government already made it a habit
to criminalize labor related cases. "Since when did protesting against
unfair labor practices and illegal dismissal from work became grounds
for inciting to sedition? Kapareho na ni Gloria itong si Secretary
Brion, lahat ng magrali sa DoLE, kakasuhan niya ng inciting to
sedition," Labog said. (Secretary Brion is acting like Gloria, 
charging those conducting protest actions in DoLE with inciting to sedition.)

According to Wenny Orjel, 2nd Vice President of the TMPCWA union, they
are seeking legal assistance to ensure the immediate release of his
fellow union officers and members. ###


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