NLRC orders reinstatement of 5 USA employees
"A very, very merry Christmas for all of us."
Thus said Theodore Neil Lasola, president of the University of San Agustin Employees Union – Federation of Free Workers (USAEU-FFW) of the decision of the National Labor Relations Commission (NLRC) ordering the reinstatement of five of their dismissed members.
Officers and some members of the USAEU-FFW have been holding a camp out in front of the USA campus for nearly three years in protest of their alleged illegal termination by the school administration.
NLRC Sub-Regional Arbitration Branch No. VI through Labor Arbiter Rene Eñano in a decision rendered October 30, 2007 ruled that University President Rev. Fr. Manuel Vergara, OSA was guilty of illegal dismissal and unfair labor practice in terminating the employment of Ma. Luz Calzado, Rena Lete, Ramon Gerard Vacante, Rover John Tavarro and Alfredo Goriano.
It ordered the immediate reinstatement of said complainants "to their former position without loss of seniority rights and submit a report of compliance within ten calendar days from receipt hereof."
Fr. Vergara and the university was also ordered to pay the following complainants' claims: Calzado – P1,539,720; Lete – 1.474,515.08; Vacante – P1,607,185; Tavarro – P1,640,917.50; and Goriano P1,465,508.50.
The claims cover moral damages (P500,000 for each complainant), exemplary damages (P500,000 for each complainant), as well as complainants' sick leaves and vacation leaves reckoned from school year 2004 onwards.
The Notice of Decision signed by Labor Arbitration Associate Myrna M. Javellana stated that the decision, "insofar as the reinstatement is concerned, shall immediately be executory even pending appeal, or at the option of the employer, merely reinstated in the payroll."
In rendering the decision, Arbiter Eñano cited that the five complainants were not union officers thus should not have been terminated by the university for merely joining the questioned strike on September 19, 2003.
"The decision of the Court of Appeals (dated August 23, 2005) in both the first and the Partially Modified Decision clearly state that in so far as 'an ordinary striking worker, he cannot be terminated for mere participation in an illegal strike. There must be proof that he committed illegal acts during a strike'...," says part of Eñano's ruling.
"Undoubtedly, respondent acted in bad faith in terminating the employment of the non-union officers. They wanted to get rid of their employees who actively participated in the strike of September 19, 2003, by discriminately terminating the complainants from their job, an act which is violative of Article 248 (f) of the labor Code," it added.
Meanwhile, the same decision dismissed the complaints of Lasola, Merlyn Jara, Herminegildo Calzado, Maximo Montero and Ray Anthony Zuniga considering that they were officers of the union at the time of the strike.
Lasola, however, said they will appeal the NLRC decision.
"For now we are just happy that the decision favored five of our members," Lasola said, adding "this gives us hope that in the end justice will be on our side."
Lasola also disclosed during the interview that their case has reached the International Labor Organization (ILO) which issued a declaration favorable to them.
ILO's 346th Report of the Committee on Freedom of Association requested the government to "review the dismissal of the entire committee of the USAEU ... and to ensure a conciliation with the university regarding their reinstatement and to keep it informed of development in this aspect."
The News Today tried to reach Fr. Vergara for his reaction on the NLRC ruling but reportedly he is in Metro Manila as of press time.