6th year of injustice killing and terorizing the Nestle workers in the Philippines
"The Strike is the weapon of the oppressed, of men capable of apreciating justice and having the courage to resist wrong and contend for principle" -Eugene V. Debs-
Today, the 14th of January 2008 is the 6th year anniversary wherein workers from Nestle Cabuyao factory in the Philippines launched the strike in 2002. The Supreme Court of the Philippines in their 1st Decision in 1991 favoring UFE-DFA-KMU VS. Nestle Phils. Inc.“The Court agrees with the NLRC findings that the Retirement Plan was a collective bargaining issue right from the start” P.109,Rollo,G.R.91231,Feb.4,1991.
"xxx xxx xxx "The company's contention that its retirement plan is non-negotiable is not well taken. The NLRC correctly observed that the inclusion of the retirement plan in the collective bargaining agreement as part of the package of economic benefits extended by the company to its employees to provide them a measure of financial security as they shall have ceased to be employees of the company, reward their loyalty, boost their morale and efficiency and promote industrial peace, given "a consensual character" to the plan so that it may not be terminated or modified at will be either party (pp.32, Rollo).
The fact that the retirement plan is non-contributory, i.e. that the employees contribute nothing to the operation of the plan, does not make it a non-issue in the CBA negotiations, as a matter of fact, almost all of the benefits that the petitioner has granted to its employees under the CBA -salary increases, rice allowances, mid-year bonus, 13th month pay, seniority pay, medical and hospitalization plans, health and dental services, vacation, sick and other leaves with pay - are non-contributory benefits. Since the retirement plan has been an integral part of the CBA since 1972, the Union's demand to increase the benefits due to employees under said plan is a valid CBA issue. The deadlock between the company and the union on this issue was resolvable by the Secretary of Labor, or the NLRC, after the Secretary had assumed jurisdiction over the labor dispute (Art. 263 subparagraph {1} of the Labor Code). xxx xxx xxx"
The Supreme Court of the Philippines in their Notice of Judgment:
“The ruling of the Court of Appeals on the inclusion of the Retirement Plan as a valid issue in the collective bargaining negotiations between UFE-DFA-KMU and Nestle is AFFIRMED. The parties are directed to resume negotiations respecting the Retirement Plan and to take action consistent with the discussions hereinabove set forth. (the Supreme Court 1st Division G.R.Nos.158930-31/ G.R.Nos.158944-45 UFE-DFA-KMU VS. Nestle Phils., Inc. August 22, 2006)
These were the decisions of the Supreme Court of the Philippines for the workers of Nestle in the Philippines. But Nestle being the consistent no.1 food manufacturing company in the world and the no.1 trendsetter of anti-workers policies fervently violated these decisions utilizing the Philippine government of Gloria Macapagal Arroyo.
Today around 3 in the afternoon we're going to have a big mobilization in front of Nestle gate here in Cabuyao to comdemn Nestle and all its intruments including Gloria Macapagal Arroyo.
Thank you again for your continous support to uphold justice for the working class. In Solidarity,
Noel Alemania
Acting President
UFE-DFA-KMU
Today, the 14th of January 2008 is the 6th year anniversary wherein workers from Nestle Cabuyao factory in the Philippines launched the strike in 2002. The Supreme Court of the Philippines in their 1st Decision in 1991 favoring UFE-DFA-KMU VS. Nestle Phils. Inc.“The Court agrees with the NLRC findings that the Retirement Plan was a collective bargaining issue right from the start” P.109,Rollo,G.R.91231,Feb.4,1991.
"xxx xxx xxx "The company's contention that its retirement plan is non-negotiable is not well taken. The NLRC correctly observed that the inclusion of the retirement plan in the collective bargaining agreement as part of the package of economic benefits extended by the company to its employees to provide them a measure of financial security as they shall have ceased to be employees of the company, reward their loyalty, boost their morale and efficiency and promote industrial peace, given "a consensual character" to the plan so that it may not be terminated or modified at will be either party (pp.32, Rollo).
The fact that the retirement plan is non-contributory, i.e. that the employees contribute nothing to the operation of the plan, does not make it a non-issue in the CBA negotiations, as a matter of fact, almost all of the benefits that the petitioner has granted to its employees under the CBA -salary increases, rice allowances, mid-year bonus, 13th month pay, seniority pay, medical and hospitalization plans, health and dental services, vacation, sick and other leaves with pay - are non-contributory benefits. Since the retirement plan has been an integral part of the CBA since 1972, the Union's demand to increase the benefits due to employees under said plan is a valid CBA issue. The deadlock between the company and the union on this issue was resolvable by the Secretary of Labor, or the NLRC, after the Secretary had assumed jurisdiction over the labor dispute (Art. 263 subparagraph {1} of the Labor Code). xxx xxx xxx"
The Supreme Court of the Philippines in their Notice of Judgment:
“The ruling of the Court of Appeals on the inclusion of the Retirement Plan as a valid issue in the collective bargaining negotiations between UFE-DFA-KMU and Nestle is AFFIRMED. The parties are directed to resume negotiations respecting the Retirement Plan and to take action consistent with the discussions hereinabove set forth. (the Supreme Court 1st Division G.R.Nos.158930-31/ G.R.Nos.158944-45 UFE-DFA-KMU VS. Nestle Phils., Inc. August 22, 2006)
These were the decisions of the Supreme Court of the Philippines for the workers of Nestle in the Philippines. But Nestle being the consistent no.1 food manufacturing company in the world and the no.1 trendsetter of anti-workers policies fervently violated these decisions utilizing the Philippine government of Gloria Macapagal Arroyo.
Today around 3 in the afternoon we're going to have a big mobilization in front of Nestle gate here in Cabuyao to comdemn Nestle and all its intruments including Gloria Macapagal Arroyo.
Thank you again for your continous support to uphold justice for the working class. In Solidarity,
Noel Alemania
Acting President
UFE-DFA-KMU
posted by Mig-Gen @ 10:43 PM
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