Panabo City—Over 200 workers have been illegally terminated here after DOLE-Stanfilco-subsidiary Davao Integrated Transport Facilities, Inc. (DITFI) arbitrarily announced yesterday that it will close down its operations and “no longer needs the services of the workers” amidst an on-going collective bargaining negotiation between the workers’ union and the management.

In a general assembly called by the management yesterday, General Manager Deogracias Mocam and Atty. Jonathan Jocom announced that the company will start paying the length of service of the workers until November 8. Also present in the assembly were representatives from the Department of Labor and Employment (DOLE) XI.

The pronouncement came as a shock to the workers who did not expect the company to declare closure because negotiations for the CBA were on-going. Noel Morales, president of Nagkahiusang Mamumuo sa DITFI (NAMADITFI), the 178-strong union of the rank-and-file workers, asked Atty. Jocom and Mocam during the assembly of the grounds of the management’s decision. He stressed that there were processes before a company could declare closure and that DOLE representatives knew this pretty well. Neither the members of the management nor the representatives from the DOLE clarified the point raised by Morales.

Failing to hear justification, all 144 rank and file workers and more than 60 supervisory personnel who were present during the assembly walked out of the venue.

Bad faith bargaining

Morales said that ever since their CBA expired in February 11, the management has dilly dallied the negotiations for a new CBA. “We have already submitted our proposal for the CBA in June but no counter proposal came from the management. Its personnel reasoned that there was still an on-going contest on the legal bargaining agent of the workers.”

Last year, the union successfully disaffiliated from the Federation of Democratic Labor Organizations (FDLO) after securing an independent registration from the DOLE. In an order, DOLE XI decided that there was no legal impediment for the conduct of the CBA negotiations between the management and NAMADITFI, since the latter is the legal bargaining agent of the workers.

“The management was forced to negotiate with us on August 21 and 28. Less than two months after we started the negotiations, DITFI decided to declare closure. Clearly, this is bad faith bargaining; the management was never really serious about negotiating with us.”

Unjustified and arbitrary

Morales said that the management never complied with any of the procedural requirements before declaring closure. “Even the DOLE representatives said that they were only informed that there will be a general assembly. Inside the container yard, the management only posted sheets of paper calling for a general assembly with no mention of the agenda or issue regarding closure.”

“After we walked out of the assembly, we proceeded to the container yard but the company gourds have already barricaded the entrance. They refused to let us in even as we said that some of our motorcycles were still parked inside.” He said that there were still hauling trucks being permitted to get in and out of the container yard. “If they really were closing, how come DITFI’s trucks are still moving bananas to TEFASCO?”

Since October 3, Morales said that some container vans and generator sets were moved to TEFASCO, another hauling service company which DITFI contracts with for years now.

Morales also noted that as the crowd grew in front of the entrance gate, more than 20 members of the Philippine National Police and the military were already standing by the side of the gate. Company guards were also beefed up.

Union busting

Morales said that the decision of the management was purely an attack against the unity of the union. “The workers are outraged by the management’s decision. From where we stand, we know that they are going to lengths in order to quash our union. The workers will never take this sitting down. We have agreed that we will fight through this until DITFI gives back our jobs and negotiate with us.”

Romualdo Basilio, chair of KMU-SMR which NAMADITFI is a council member, said that the move of DITFI has always been one of the desperate means of capitalists to undermine genuine and militant unionism. “These workers who have been illegally terminated have no choice but to fight for their means of subsistence. All of the KMU-affiliate unions in the region have signified their support for the struggle of the NAMADITFI workers. These profit-hungry capitalists need to know that the workers will fight when pushed to the wall,” said Basilio.