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NLRC drops cases against Lepanto unions

BAGUIO CITY, (March 4, 2005) — The 3rd division of the National Labor Relations Commission (NLRC) of the Department of Labor and Employment (DOLE) dismissed the petition of Lepanto Consolidated Mining Companies (LCMCo) to declare the strike of the members of the Lepanto Employees’ Union (LEU) and the Lepanto Local Staff Union (LLSU) illegal.

The LCMCo filed a petition on Jan. 21, 2003 to declare the strike staged by the two unions in February 2003 illegal. The company claims in the petition that the strike was illegal because it defied the assumption order by Secretary of Labor and Employment Patricica Sto. Tomas on Jan. 28, 2003.

In the said assumption of jurisdiction, the secretary directed the two unions and the LCMCo for compulsory arbitration. Thus ordering both parties to cease and desist from committing any act such as strike or lockouts that might provoke the situation.

The LCMCo further claimed that the strike was also illegal because the grounds raised in the Notice of Strike (NOS) are not strikeable. The company defended the termination of union officers by the company on Febr. 5, 2003 as valid for participating in an illegal strike.

The two unions simultaneously filed NOS with the National Conciliation and Mediation Board-Cordillera Administrative Region (NCMB-CAR) on Dec. 26, 2002. They claimed that LCMCo committed unfair labor practices. On Jan. 20, 2003, a strike vote referendum was conducted and majority of the membership of the unions favored the staging of strike.

The officers and members of the two unions started picketing the entry points of the Lepanto Mine Division (LMD) despite the certification order of the labor secretary directing them for compulsory arbitration. On Feb. 3, 2003, the DOLE secretary issued an order deputizing the Philippine National Police to enforce the certification order subsequently dispersing the picketing workers.

The resolution of the 3rd division of the NLRC in Quezon City turned down the petition of the LCMCo to declare the strike illegal and the termination of union officers be affirmed and enforced.

The issues were ruled out as “moot and academic” because both parties had entered into a Memorandum of Agreement (MOA) on March 2, 2003. In the MOA, both parties agreed that the company would reinstate all union officers and all the members would return to work on March 4, 2003.

The company also agreed not to commit retaliatory actions and both parties agree to negotiate and resolve remaining issues within 1 month from March 4, 2003. The NLRC contested the petition and dismissed it as moot and academic. # Aldwin Quitasol for NORDIS

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