etc


Dear Friends,

Today February 9, 2009, 129 workers were refused entry by the Goldilocks management. The workers were informed yesterday regarding the latest decision of the NLRC (National Labor Relations Commission) affirming their dismissal.

In turn, the workers staged a picket outside the Goldilocks Plant in Mandaluyong to protest and condemn the unjust decision.

Four years ago, the workers participated in a PCE (Petition for Certification Elections) held in February 28, 2006 as a result of the sixty (60) days freedom period after the 5-year Collective Bargaining agreement covering March 1, 2001 to February 28, 2006 between Goldilocks Bakeshop Inc., and Buklod ng mga Manggagawa sa Goldilocks Bakeshop (BUKLOD) expired. Separate petitions were filed by three groups, namely; KMG-KMM-Katipunan (Kilusan ng mga Manggagawa sa Goldilocks-Kilusan ng mga Manggagawang Makabayan), Bukluran ng Independyenteng Samahan na Itinatag sa Goldilocks (BISIG) and Obrero Pilipino-Goldilocks Employees Association (Obrero-GOLDEA).Being the incumbent union, BUKLOD was considered as forced intervenor for being the incumbent union.

It was a rough sailing for the workers since the management in collusion with the incumbent union (BUKLOD) questioned the petition filed by Obrero-GOLDEA. On the other hand, BUKLOD, filed a petition to cancel BISIG’s certificate of registration.

On May 10, 2006, DOLE-NCR Med-Arbiter Catherine Z. Licaros issued an order directing the conduct of certification of election. In response to the decision, both BUKLOD and Obrero appealed the decision and argued that BISIG and KMG-KMM-Katipunan should be excluded as among the choices in the certification election.

But a resolution was released in September 11, 2006 issued by Undersecretary Luzviminda Padilla dismissing the appeal. Subsequently, an entry of judgment was issued on November 14, 2006 by the Bureau of Labor Relations (BLR) Director Rebecca Chato. The Certification election was finally conducted on March 19, 2007 with the following results;

KMG-KMM-Katipunan———334

BISIG————————–517

OBRERO————————44

BUKLOD———————–581

NO UNION———————-15

__________________________

TOTAL 1491

Because no union garnered the fifty percent plus one (50% plus 1) ruling in the certification election between BUKLOD and BISIG and after hearings on the manifestation, run-off election was scheduled on August 6, 2007 and the result was;

BISIG——————————— 764

BUKLOD——————————653

Spoiled———————————-38

Segregated/Challenged Votes———-202

____________________________

Total Votes: 1,657

Buklod filed a protest in the run-off election and manifested that the segregated ballot must be counted.

On March 17, 2008, seven months later, BISIG was certified as the sole and exclusive bargaining representative of rank and file employees thru the decision issued by Med-Arbiter Atty. Alma Magdaraog-Alma. The decision was appealed by BUKLOD before the office of the Secretary;

Surprisingly on April 10, 2008, the Court of Appeals reinstated the August 11, 2006 Resolution of the then Bureau of Labor Relation OIC-Director Henry Parel delisting BISIG from the roster of legitimate labor organizations. BISIG in turn, immediately filed a motion for reconsideration.

On April 16, 2008, BISIG sent a letter to the Goldilocks Management requesting the latter to commence the collective bargaining negotiation but the management ignored the said letter request. BISIG filed a (NOS) Notice of Strike on April 24, 2008 on the issue of discrimination, harassments and other related issues.

On May 20,2008, the Goldilocks company responded by filing a petition for assumption jurisdiction or Certification for Compulsory Arbitration for the (NOS) Notice of Strike of BISIG dated April 24, 2008. Undersecretary Lourdes Transmonte, then acting Secretary issued a Certificate Order dated May 26, 2008 certifying the labor dispute to the National Labor Relations Commission (NLRC) for compulsory arbitration. The said order was received by BISIG on May 29, 2008.

The conciliation before the NCMB (National Conciliation And Mediation Board, both the Goldilocks Bakeshop Inc representative and BISIG leaders entered into agreement dated June 11, 2008 and agreed to await the office of the (BLR)- Office of the Sec (Osec) will undertake in conjunction with the labor dispute at bench specifically, the issue on Certification election. Additionally, the Union hereby withdraws the instant labor dispute for the sake of industrial peace”.

Days earlier prior to conciliation, BISIG affiliated to AGLO (Association of Genuine Labor Organization) and on June 12, 2008, the Department of Labor and Employment-National Capital Region (DOLE-NCR) issued Certificate of Creation of Local Chapter with Certification No PFC-028-2008-CC.

On June 16, 2008, BISIG filed its manifestation with motion to dismiss before the NLRC, praying that the certified case be dismissed in view of BISIG’s withdrawal of its Notice of Strike dated April 24, 2008.

On July 1, 2008, BISIG filed another NOS (Notice of Strike) on the following grounds; 1.Unfair labor practice, 2. Union Busting and other related cases.

On July 8, 2008, Undersecretary Romeo Lagman, by authority of the Secretary, issued a Resolution affirming BISIG’s certification as an exclusive bargaining representative of Goldilocks Bakeshop Inc., rank and file workers and employees.

On July 11, 2008, the management filed its Manifestation with Motion to Subsume before the Office of DOLE Secretary.

On October 13, 2008, three months later, BISIG filed its third Notice of Strike, this time around the grounds were as follows; 1. Unfair labor practice (Refusal to Bargain Collectively) 2. Illegal Suspension, 3. Unjust transfer of Goldilocks SM Cubao Branch to Provinces, 4. Discrimination (selective P13.00 wage increase) and others.

On October 31, 2008, DOLE Secretary Mariano Roque certified the October 13, 2008 BISIG Notice of Strike to Compulsory Arbitration before the NLRC;

The certified Notice of Strike (NOS) was raffled to NLRC Sixth Division composed of Commissioner Nieves Vivar-de Castro (ponente), Commissioner Benedicto R. Palacol (Presiding Commissioner) and Commissioner Isabel G. Panganiban-Ortiguera.

On May 28, 2009, almost seven months later, the NLRC came up with the decision penned by Commissioner Nieves Vivar-de Castro on the issues contained in the Notice of Strike. The decision was promulgated as follows;

1. Ordering Goldilocks to commence collective bargaining negotiation with BUKLOD (the losing union in the certification election)- this is a blatant disregard of what is the rule of law negating the existence of a duly certified bargaining agent, the BISIG-AGLO.

2. Sustaining the legality of the penalty of suspension on Wilson Dy and six other officers, leaders and members of BISIG-AGLO.- this is an outright non recognition of the violations incurred by the Goldilocks Management.

3. Declaring Joel Lachica and four (4) others to have been validly dismissed from employment- affirming the Management not guilty of unfair labor practice.

4. Declaring the demonstration and picketing of more than 120 workers and employees after office hours and eight hours work conducted on May 20 and 27, 2008 to be illegal strike and imposing the following penalties;

a. For having participated in the illegal strikes, the 17 Union officers and Board members are deemed to have lost their employment.

b. For having committed illegal activities during illegal strikes, the one hundred four (104) Union members are deemed terminated from employment.

c. Ordering Goldilocks to grant financial assistance to the terminated Union members only in an amount equivalent to half month pay per year of service as a measure of social justice.

The decision that was promulgated was unusually hand carried by an NLRC employee a day after the promulgation effected last May 27, 2009 to the office of Miralles and Associates Law Office, a far cry from the NLRC tradition where decisions are being sent thru registered mail.

Another questionable decision made was on the case of illegal strike. To where did the NLRC apply an illegal strike when no strike ever took place. Indeed, there were 3 attempts on the Notices of Strike but all these were assumed jurisdiction by the office of the Secretary thereby averting the supposed strike to take place. Only in the Philippines where you exercise your freedom to picket during break time but now constitute as an illegal strike. A “brilliant” decision penned by an equally brilliant commissioner in the person of Commissioner Nieves De Castro.

Yesterday, February 8, 2010, for over eight months now, the NLRC gave its final blow and reaffirmed the dismissal of the 129 union members of the BISIG Labor Union. This time, the decision focused on the illegality of the strike that became the basis of the dismissal. A strike that never took place.

2010 would be a bleak picture for the 129 families of Goldilocks workers and employees. This is the grim reality of our previous slogan, “Goldilocks tumitiba, Manggagawa kinakawawa”. We want to let the whole world know that the Goldilocks Company continues to grow but not their workers.

Our plight is totally unthinkable, the rule of law applies only to those who have power and money and not to people like ours. In our case, there’s no truth on the saying that for those who have less in life should enjoy more in law.

We are deeply saddened of our situation and to our family, our children and our future. There are companies in the Philippines like Goldilocks. We don’t want our case to become a precedent that would be detrimental to other workers and their families.

Please join us in our crusade to fight not only to ourselves but to the Filipino workers. We welcome your support in our struggle. We still do not lose hope. We will continue our fight in all fronts. In turn, we are seeking your support in whatever way you can. These are the ways where you can be of help;

1. Giving material and financial support to our campaign. (We will later provide details of our bank account)

2. You should think twice eating in Goldilocks branches/outlets. The more you patronize the more you support greedy capitalists.

3. Inform all your relatives, friends here in the Philippines and abroad not to patronize anymore Goldilocks. Always remember our slogan, “Goldilocks tumitiba, Manggagawa kinakawawa”.

4. If you cannot avoid eating in their outlets, at least minimize your patronage.

5. Petition all scrupulous and corrupt government officials in the mold of Commissioners De Castro, Ortiguera and Palacol.

6. Support and join our protest activities.

7. Write protest letters to DOLE, NLRC and related government offices and institution and to the Goldilocks management through their branches and offices. You can directly mail your letter or personally deliver your letter to Goldilocks outlets/branches.

8. Propagate our issue and enjoin everyone to become supporters of Goldilocks workers.

In the pursuit of justice for the Filipino workers,

129 dismissed Goldilocks workers and employees

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From the very start that BPI approved my credit card, I never failed to make the most of the instant benefits they offer called Real Thrills. For the last segment of their promo alone (Jollibee), I got about six 1-piece Chicken Joy meals, a 2-piece Chicken Joy meal with Peach-Mango Pie and a 6-piece Chicken Joy bucket. That is aside from the loyalty points I get and the discounts I could avail of because my card is the BPI Edge type.

For the next three months or so (February to April 15), you can get free food (Chorizo Chao Fan or SpicyPork Mushroom Rice) from Chowking if you use your BPI credit card for at least P1,500 of charge. Better options are also available if your charge slip reflects a minimum of P3,000 (Fish Fillet/Breaded Pork Lauriat or Dimsum Platter or Halo-halo Fiesta) or P6,000 (Sulit Salu-Salo Set 1) spent.

For now, I only have a single P3,000-charge slip in my wallet and will soon use it in the most convenient time (in my next mall visit may be). Anyway, I still have until April 15 to get the most out of it and until June 15 to redeem these treats.

Just imagine that, for the next two months, my every visit to the supermarket is equal to a free meal. Who says there’s no such thing as free lunch then? ;p

Cotto’s jabs connects in Round 1 and Pacquiao jabbs back. Cotto connects with a left hook, which throws Pacman back a bit. Cotto jabs again. Pacman tries to figure Cotto. Cotto jabs effecively while Pacman takes his time. Pacman connects with 1-2. Pacman tries to slip, attacks, but Cotto holds. Cotto presses attack, Pacman lands left hook which wobbles Cotto a bit.

In Round 2, Pacman jabs, throws a left straight. Cotto fights back. He seems to look faster than Pacman. Pacman keeps his hands up, defends self. The Filipino connects left straight, throws combinatons. Cotto appears to have thrown a low blow. Pacman rattles Cotto with big left hooks and explosive punches. Cotto seems a bit hurt. Cotto tries to trap Pacman in the corner but the Pacman escapes Cotto survives the knockdown in Round 3.

Pacman attacks again. Pacman presses the fight, Cotto recovers. Both fighters unleash big bombs. Pacman jabs in , connects with left, darts out. Cotto was told to keep his punches high, Cotto pushes Pacman’s head down.

In Round 4, Cotto jabs, throws big left, Pacman retreats. Cotto throwing body punches, Pacman throws 1-2, then upper cuts, cuts Cotto’s combo. Pacman throws assualt, Cotto’s knees wobble. The referee separates them. Pacman on the ropes waits for Cotto’s attack, slips and escapes. Cotto, who got knocked down, is saved by the bell.

Cotto presses attack in Round 5 as Pacman boxes from the distance, being careful. Pacman lands a combo again, forces Cotto to peek-a-boo defense. Pacman is boxing beautifully, stays on the ropes. Pacman gets hit a bit, moves to the center. Pacman jabs, connects. Cotto holds, both fighters wrestle a bit. A flurry of exchanges before the bell rings.

In Round 6, Cotto jabs, moves forward, Pacman throws hook, upper cut and connects with big right hook. Cotto seems affected, dances away. Pacman presses action. Cotto, whoretreats, gets hit with 1-2. Pacman throws a 1-2-3, Cotto holds. Cotto lands jab, uses it effectively. Pcaman attacks again. It wobbles Cotto a bit. Cotto taps Pacman’s cheek when the round ended as if to say: “Good round.”

Pacman throws a heavy right in Round 7. Cotto reels a bit. The Puerto Rican keeps his hands up, moves forward, throws a straight then a hook. But Pacman seems unaffected. Pacman moves forward, dictating the pace. Cotto tries to dance away, Pacman hunts Cotto and connects 1-2 before the round ends.

Round 8 ensues and Cotto now has bruises under the eyes. Pacquiao is getting confident. Cotto uses the ring to stay away from Pacman who is boxing beautifully. Cotto pecking away, Pacman traps him at the ropes. Cotto receives 1-2-3, before stepping away. Pacman stalks his prey, connects an upper cutand hook. He traps Cotto in the corner.

Cotto jabs in Round 9. Pacman hits his gloves together. He seems to say, “Come on, fight.” Cotto attacks with 1-2, Pacman fights back. Cotto holds. Cotto is trapped at the ropes. Cotto’s face is a mess, his right eye is swelling. Pacman’s face remains clean. Pacman stalks his prey again, Cotto retreats a bit.

Cotto attacks, tries to control the fight in Round 10. Pacman keeps his defense. Pacman attacks again. Cotto tries to hold but Pacman stays away. Pacman walks forward, hunts Cotto down. Cotto seems always to retreat, uses the ring and stays away from Pacman. Pacman sighs, seems tired from chasing. Pacman picks the pace again. Cotto’s face is really a mess after Round 10. His nose is bleeding, right eye puffed. He has a small cut in the left brow.

The Puerto Rican boxes away in Round 11. This fight has shades of the Cotto-Antonio Margarito fight when the Puerto Rican was trying to stay away from Margarito. Pacman connects with 1-2-3-4 punches! Pacman tries to trap cotto in the corner, Cotto moves away and jogs around. Cotto jabs with a “stay away from me punch.” Cotto counter punches, gets boos from the crowd. Pacman is just dominating Cotto, using ring generalship.

Pacman hunts Cotto down, Cotto throws a left hook, Pacman catches Cotto with 1-2. Pacman is relentless, 1-2, 1-2. Kenny Bayless steps in, waves off the fight just seconds over two minutes in Round 12.

/from abs-cbnnews.com

I was drinking coffee with some friends (4 of us) at around 7 in the morning as the rain kept pouring. It continuously rained the whole evening, but, was becoming lighter in that morning of Saturday, September 26. As the horizon brightened, we saw the river suddenly becoming larger and in a few minutes, there was water in the covered court of Balubad. It came so fast and as I wanted to go to Bagong Sibol (about 30 meters away from our block – block 11) to inform the local organization members as well as KPML members of the situation.

I could no longer reach the place as the water has already reached Kabayan Road. I had to go back and inform my family. The water rose so fast in just about 5-10 minutes. When I reached the place where my motorbike was parked, water was already waist deep. Before I reached the house with my motorbike, the current became stronger and water was still rising. SO, I decided to let go with my motorcycle-or else I will die with it.

I had to swim fast and reached the rooftop of one of the houses in block 9. I felt so desperate, that I could no longer do anything but stay on the roof. I felt that the money I had to pay for my bike was all gone to waste.

I decided to go back to our house. I had to go through rooftops, just to reach the place. I found my family members in our neighbor’s house – at the third floor. I felt a bit relieved that they are still alive.

There were already 30 of us cramped in our neghbor’s house. We were a bit happy that we were alive. We had no food for 36 hours and I had crackers later. That was all as we couldn’t cook. There was no stove, no food to cook. My son had to use a small boat to buy some coffee and sugar. But, the price was beyond our reach as we also had no money with us.

All our belongings were damaged and gone. Our house had no walls, see-through and everything was all so muddy. We only had our clothes on. I had to borrow slippers and I had no underwear because it was all so wet.

In that 36 hours ordeal, we couldn’t rest nor sleep. We were worried. The children could not use the toilets as they were in the first floor of the neighbor’s house. I told the girl who kept on insisting to use the toilet, if you want to die get down to the first floor and use the toilet. I wanted to put some humor in this kind of situation. But, I also felt so helpless at that time and we prayed that these things will come to pass.

Now, some tears fall as I relate the story to my co-members at the KPML office. I realized that we really have to be prepared in any type of disaster.

*Danilo Afante is a member of the KPML National Executive Committee and Chairperson of its Marikina Chapter. He is a resident of Balubad, Marikina. KPML is Kongreso ng Pagkakaisa ng Maralita ng Lungsod.

1. Before entering your home, be sure it is structurally sound.

* Make sure there are no live wires and electricity is cut off. Check for loose concrete on ceilings, plywood, or other fixtures that might collapse.

* Check with your power or water supplier first if electricity or water is safe to use in your area.

* Structural damage from storms and floods are not as bad as when earthquakes hit. However, in severe cases, there is a danger that soil underneath a house has softened from prolonged exposure to water that can result to erosion.

2. Check your utilities.

* Things that usually get damaged are electrical systems, plumbing, wooden or laminated boards, or cabinets. Some doors and walls can also collapse under intense water pressure.

* Inspect electrical outlets for damage, and call an electrician to check whether they are still safe to use.

* Mudflow could clog pipes, which can be remedied by power-hosing. Repiping jobs are called for when the mud hardens.

3. Clear and clean as much as you can.

* Make sure there are no objects lying around when you pump out water.

* Take out all the water inside the house using pails or water pumps. Prolonged water saturation can lead to many problems like carpet discoloration, warped wood, or even mosquito and pest infestations when water stagnates not only inside the home, but in surrounding areas.

* Flooded basements where generators are located are also at risk for oil spills. These can lead to foul-smelling odors that can be cleaned out by industrial chemicals.

* Clean up all the mud inside the house and do not allow mud to harden. If your floors are made of ceramic tiles, buy a bristle brush and remove water and mud.

* For houses with wooden flooring or carpets, professional help is needed, especially if these were submerged underwater.

* Sometimes, there is no water or power to facilitate cleaning or the use of electrical equipment like water pumps.

4. Assess the damage.

* Decide what to keep, what to repair, and what to throw away.

* Take note of your budget and prioritize which rooms or furniture you want to save. Take note that you can survive without a lot of things, so it might help to stick to the essentials. Sometimes it is cheaper to replace items than to repair them. It could also be cheaper in the long run to repair furniture en masse than if you do it piecemeal.

* If you need to seek a professional opinion on which possessions to save, be sure to get a second opinion from someone you trust.

* If something is swollen, such as laminated flooring, chances are they can’t be used again. Laminated wood is common in the Philippines because of an existing log-ban. These materials are spongy and get warped when they are saturated. Concrete houses, however, can withstand a lot of water pressure.

* Air-drying furniture is excellent but professional equipment can speed up the job. Carpets and upholstery are trickier to repair, but professional services can offer drying services.

5. Spot check.

* Address lingering problems like foul smell from festering fungi or bacteria, which usually form on moist surfaces. Grease, oil, and mud can also add to this problem.

* Consult with a serviceman which chemicals can best be used to address these problems.

6. Renovate when you need to.

* Consider constructing an attic or putting storage spaces on higher floors as pre-emptive measures.
* Renovate only after careful consideration or upon recommendation by a professional surveyor.
* Get a municipal permit for building renovations, only if the cost of renovation is more than P50,000.

Report based on ANC Shoptalk episode.

Are you tired of just ranting about your company rules?

My friend Nica Dumlao informed me that the Employees’ League in ICT-enabled Services (E-Lites) is sponsoring a Seminar-Workshop for workers in the Business Process Outsourcing industry this Saturday and Sunday (September 19 & 20) at Gems Hotel in Antipolo City.

She also said that the aforementioned event will be about the Philippine Labor Code, International Labor Standards, and Occupational Safety & Health. The event is entirely free of charge.

E-Lites is the group behind the free concert event for BPO employees at the Penguin Bar in Malate last year.

UPDATE: For those interested in reserving a slot, simply proceed to Chowking Cubao (beside Eurotel) 10am on Saturday and text/call me at 09167706376 or email me (nearestcomfortroom@yahoo.com).

I learned from my blogger-friend Brian Ong that The Lobby of The Peninsula Manila turns 33 today, and they are offering their halo halo harana, pancit luglog and schueblig  at 1976 prices (yes, 33 pesos each), the date the hotel opened 33 years ago.

I also learned that the promotion will be strictly on no-reservations and first-come/first-serve basis and that drinks and items not on the rollback list will be regularly priced.They also won’t allow takeout orders and sharing. This will be a one-day only promotion only from 12:01 a.m. to 11:59 p.m.

I hope my Makati-based (either as residents or employees) friends could grab this opportunity since my chances are dim. Haha.

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