Sunday, December 23, 2012

SC asked to stop party-list raffle, qualify workers group


PRESS RELEASE
Partido ng Manggagawa Coalition
23 December 2012

In a petition filed last Friday, the newly-formed workers party-list Partido ng Manggagawa Coalition (PM Coalition) asked the Supreme Court for a temporary restraining order (TRO) on the scheduled raffle of party-list names and printing of the ballots in January pending a review of the Commission on Elections (Comelec) resolution disqualifying the group. The Comelec is scheduled to raffle party-list slots on January 4 and start printing of ballots on January 20 if not stopped by any TRO’s.

Partido ng Manggagawa chairman and PM Coalition nominee Renato Magtubo said the group has complied with all the requirements for accreditation thus it finds no reason to be rejected by the poll body which has declared its intention to rid the party-list system of non-marginalized groups. 

PM Coalition Chair Ambrosio Palad averred that “Let us have another tragedy like Ladlad which was found by the Supreme Court qualified as a party-list organization but the decision came late and only after the ballots were already printed.”

PM Coalition cited Rule 44 in its petition which allows review of decisions of constitutional commission bodies. The group is protesting why a truly marginalized group and whose nominees  possess laudable track records in serving the working class is denied accreditation by the Comelec while highly questionable groups got blind approval.

 “Our coalition is composed of truly marginalized sector, the working class, and our nominees have indisputable track records as veteran leaders of big trade unions and labor organizations,” argued Magtubo, a long-time trade union leader and an activist himself.

Aside from Magtubo, PM Coalition nominees include PALEA president Gerry Rivera, Public Services Labor Independent Confederation Annie Geron, Central Negros Electric Cooperative union president Benjamin Tundag, and Philadelfa Burdeos, former president of the BPI union in Cagayan De Oro City. 

Palad explained that the group appealed before the Comelec En Banc after its application was denied by the Second Division based on misinterpretation in the group's application as a coalition. He said PM Coalition is a coalition of different labor organizations that want to participate in the 2013 partylist elections. “It is not a coalition of political parties like the UNA or the LP-NP-NPC-Akbayan alliance as grossly misunderstood by the Second Division.”

Palad said several unions and labor associations nationwide coalesced into PM Coalition to boost their chances of winning in the 2013 elections.  A party or a coalition of sectoral groups is allowed under the party-list law.

Groups under PM Coalition include duly registered groups such as the Philippine Airlines Employees Association (PALEA), Partido ng Manggagawa, United Cavite Workers Association, Rosario Workers Association, Alyansa ng Maralitang Pilipino, Displaced Workers Association of Teresa,  Rizal, Nasudnong Katawhang Kabus in Cebu, Labor Power Council-Negros (LPC-Negros), Samahan ng mga Manggagawa sa Antipolo (SAMA), Samahan ng Manggagawa ng ParaƱaque (SMP), United Panay-Iloilo Truck Drivers Association (UPTDA), United Skilled Plumbers Association Inc. (USPA), CENECO Union of Rationale Employees (CURE), Samahan ng Mamamayan-Zone One Tondo Organization (SM ZOTO), Valenzuela Informal Settlers Federation (VISFED), and Yellow Bus Line Employees Union (YBLEU).

Friday, December 21, 2012

Workers party-list group petitions SC to overturn disqualification


PRESS RELEASE
Partido ng Manggagawa Coalition
21 December 2012

The newly-formed workers party-list Partido ng Manggagawa Coalition (PM Coalition) today filed a petition at the Supreme Court seeking to overturn the Commission on Elections resolution disqualifying the group. In its petition, PM also sought a temporary restraining order on the scheduled raffle of party-list names and printing of the ballots in January.

Partido ng Manggagawa chairman and PM Coalition nominee Renato Magtubo said the group has complied with all the requirements for accreditation thus it finds no reason to be rejected by the poll body which has declared its intention to rid the party-list system of non-marginalized groups. 

PM Coalition cited Rule 44 in its petition which allows review of decisions of constitutional commission bodies. The group is protesting why a truly marginalized group and whose nominees  possess laudable track records in serving the working class is denied accreditation by the Comelec while highly questionable groups got blind approval.

 “Our coalition is composed of truly marginalized sector, the working class, and our nominees have indisputable track records as veteran leaders of big trade unions and labor organizations,” argued Magtubo, a long-time trade union leader and an activist himself.

Aside from Magtubo, PM Coalition nominees include PALEA president Gerry Rivera, Public Services Labor Independent Confederation Annie Geron, Central Negros Electric Cooperative union president Benjamin Tundag, and Philadelfa Burdeos, former president of the BPI union in Cagayan De Oro City. 

PM Coalition Chair Ambrosio Palad explained that the group appealed before the Comelec En Banc after its application was denied by the Second Division based on misinterpretation in the group's application as a coalition.

Palad said PM Coalition is a coalition of different labor organizations that want to participate in the 2013 partylist elections. “It is not a coalition of political parties like the UNA or the LP-NP-NPC-Akbayan alliance as grossly misunderstood by the Second Division.”

Palad said several unions and labor associations nationwide coalesced into PM Coalition to boost their chances of winning in the 2013 elections.  A party or a coalition of sectoral groups is allowed under the party-list law.

Groups under PM Coalition include duly registered groups such as the Philippine Airlines Employees Association (PALEA), Partido ng Manggagawa, United Cavite Workers Association, Rosario Workers Association, Alyansa ng Maralitang Pilipino, Displaced Workers Association of Teresa,  Rizal, Nasudnong Katawhang Kabus in Cebu, Labor Power Council-Negros (LPC-Negros), Samahan ng mga Manggagawa sa Antipolo (SAMA), Samahan ng Manggagawa ng ParaƱaque (SMP), United Panay-Iloilo Truck Drivers Association (UPTDA), United Skilled Plumbers Association Inc. (USPA), CENECO Union of Rationale Employees (CURE), Samahan ng Mamamayan-Zone One Tondo Organization (SM ZOTO), Valenzuela Informal Settlers Federation (VISFED), and Yellow Bus Line Employees Union (YBLEU).

Thursday, December 20, 2012

Justice served with stiff penalties against fraudulent teacher recruiter


Partido ng Mangggagawa (Labor Party) - USA
Alliance-Philippines (AJLPP)
Bantay - Los Angeles
Echo Park Community Coalition (EPCC)

Joint Press Statement
December 18, 2012

We, members of the Filipino community and different Filipino-American groups here in the US, extend our congratulations to the hundreds of Filipino teachers for their victorious struggle against their deceitful recruitment agency Universal Placement Inc. (UPI) and its owner Lourdes Navarro. We are happy that after four years of brave and sustained efforts on different fronts and winning different battles along the way, the case has reached the federal court which found these defendants liable for engaging in fraudulent practices.
In the federal class suit against Los Angeles-based UPI and Navarro, the jury awarded the teachers $4.5 million in damages for violation of the California Employment Agency, Employment Counseling and Job Listing Act; for violation of the Unfair Business Practices under the California Business and Professional Code; and for misrepresentation under the California Civil Code.
We commend the persistent efforts and unwavering resolve of the Filipino Educators Federation of Louisiana (FEFL) who spearheaded the efforts on behalf of all the teachers. We also applaud the American Federation of Teachers (AFT), the Southern Poverty Law Center (SPLC), the law firm Covington and Burling LLP and other advocates who supported the teachers in their quest for justice.
From 2007 to 2009, more than 300 teachers from the Philippines were recruited and deployed in different school districts in Louisiana to teach science, math and special education under the H1B visa program. After a selection process in the Philippines, the UPI’s shady recruitment scheme required each teacher to pay an amount of more than $5,000. The recruiters made it appear that this is all that they will have to pay. However after receiving the initial payment, the recruiters demanded more and more for different kinds of fees and charges.
Having sold their properties and borrowed money to cover for the initial excessive payment, the teachers cannot back out as the recruiters would not refund those fees. The recruiters would then threaten to give their slots to other applicants if additional payments were not made immediately. In violation of the laws of the Philippines, the state of Louisiana, and now it is proven that it violated the laws of the state of California as well, each teacher ended up paying an exorbitant amounts of $16,000 and even more.
This is a ground breaking class action lawsuit and this should serve as a strong message to shady labor contractors who prey on the vulnerabilities of foreign workers whose main aim is to provide a brighter future for their respective families. Migrant workers rights should be respected, defended, and promoted as fervently as any human right. We should not allow these greedy recruitment agencies to deceive and take advantage of the dreams of migrants for their children and their families.
While the decision fell short in not finding that UPI and Navarro violated the Trafficking Victims Protection Act, we believe that what they orchestrated was a human trafficking scheme that systematically victimized hundreds of Filipino teachers and their families. Human trafficking is the recruitment and transportation of human beings for commercial exploitation by means of force, fraud, threats, deception, coercion or other means. Trafficking is characterized by taking advantage of the vulnerabilities of victims and can include different forms of exploitation such as forced labor or involuntary servitude among others.
Indeed, here there were no physical force or violence employed to coerce the teachers, but certainly another type of force was used - a force that is equivalent to economic duress. UPI and Navarro utilized different coercive and fraudulent methods to threaten serious economic harm to these teachers and their families who are already deep in debt by virtue of the exorbitant fees they were made to shoulder.
We strongly believe that the jury erred in this regard. Simply because the experiences of these Filipino teachers are not to the degree that involves violence or forced labor, it does not mean that this case is not a case of human trafficking. While our common notion of trafficking involves loading humans into the back of a van at gun point or coercing women and children into sex slavery, trafficking in any form is trafficking and should be punished to the utmost degree. The fact that what happened to these teachers does not fall into our ordinary notion of trafficking, does not diminish the atrocities of UPI, PARS and Lourdes Navarro.
At any rate, this is a big victory for the teachers who are now free from the onerous contract forced upon them by these labor contractors, which was declared void by the court. And the $4.5 million in damages is a potent lesson that UPI and Navarro will surely learn from. Further, this is a victory for all migrant workers and an inspiring story of sacrifice, courage and unity.
Signed:
Ian Seruelo
US Liaison Officer
Partido ng Manggagawa (Labor Party)
+1-281-455-2462
ianseruelo@yahoo.com

Filipino teachers vindicated with class suit verdict


Filipino Educators Federation of Louisiana (FEFL)
PRESS RELEASE
December 19, 2012

The Filipino Educators Federation of Louisiana (FEFL) are elated on the result of
Monday’s decision on the federal class action suit filed more than two years ago against recruitment agency Universal Placement International (UPI) and its owner Lourdes “Lulu” Navarro. “This victory is a product of the continued vigilance and unrelenting efforts of teachers who converted their victimization into a struggle for justice,” declared Ingrid Cruz, the FEFL founding president.

In a verdict read before the court, the jury unanimously ruled and awarded $4.5 million in damages to the members of the class of migrant Filipino teachers recruited from 2007 to 2009 by UPI to work in different school districts in Louisiana under H-1B visas. The federal jury found that UPI and Navarro violated the California Employment Agency Act, the Unfair Business Practices Act and for negligent misrepresentation.

“While the jury did not find that UPI and Navarro violated the Trafficking Violation
Protection Act (TVPA), we feel vindicated with the verdict. The bottom line is that we have proven that UPI and Navarro committed unlawful, unfair and fraudulent business practices to deceive migrant teachers,” underscored Cruz.

One of the main objectives of the teachers in their quest for justice is to have the unfair and lopsided contracts force upon them by UPI nullified and they were able to achieve that as a result of this case. “So on top of the damages award, these unfair contracts were declared void and the countercharges filed by UPI and Navarro against the teachers were dismissed,” added Cruz.

FEFL pledged to continue their advocacy for migrant workers rights. “Schemes of this nature must be stopped and no other migrant worker should be subjected to such an anomalous and fraudulent process which offers the American dream yet ends up as a nightmare”, Cruz also asserted.

Cruz further said that Filipino teachers are indebted and are grateful to the Southern Poverty Law center (SPLC), the American Federation of Teachers (AFT), and the Covington and Burling Law firm who represented them in their cause.

FEFL also acknowledged the Filipino-American community and Filipino organizations that assisted and supported their efforts.

Approved for release:
FEFL Executive Committee
Eva Adolfo – FEFL Secretary
+1(225) 650 4774

Monday, December 17, 2012

Women workers to mobilize again for passage of RH

PRESS RELEASE
17 December 2012
 
Partido ng Manggagawa (PM) members joined women’s groups under the Reproductive Health Advocacy Network (RHAN) at both the Senate and the House of Representatives to ensure that the reproductive health (RH) bill is enacted into law. 
 
“We cannot let our guard down, especially at this crucial stage of the fight for the passage of the RH bill.  The 15th Congress has presented the best opportunity closest to victory.  And President Aquino has finally certified the RH bill as urgent.  We will not let this opportunity go to waste.  The passage of the RH bill has to happen in this Congress, and we will make sure that it does happen before the Christmas break,” declared PM Secretary General Judy Ann C. Miranda.
 
“The Catholic Church has been equally vigilant, and that is good.  Its vigilance and statements have kept us consistently active and as unyielding with our position.  The difference in viewpoint is a reality and should be respected.  However, when this viewpoint has turned into acts that infringe on women’s rights i.e. reproductive health, the women will not put up with it.  As so with legislators so full of themselves and their machismo, hence, cannot accept women as co-equal in society.  We will continue to mobilize and fight for what is rightfully ours,” added Ms. Miranda.
 
For more than a decade, PM has been consistently working with women’s groups in the struggle for women’s right to reproductive health.

Wednesday, December 12, 2012

Airline unions demand reinstatement for PALEA in Global Day of Action



Press Release
December 12, 2012
PALEA

Airline and other unions worldwide are demanding the reinstatement of members of the Philippine Airlines Employees Association (PALEA) in a Global Day of Action today. The supporters of PALEA leafleted Philippine Airlines flights out of the United States, Canada, Australia and Hong Kong in a show of international solidarity.

“A win for PALEA’s fight against outsourcing and contractualization will be a win for all airline workers,” asserted the unions abroad that joined in the Global Day of Action. Meanwhile PALEA members staged a mass action near the Ninoy Aquino International Airport today in participation at the day of action.

The management of Philippine Airlines (PAL) under the new president Ramon Ang opened talks with PALEA last October after a year of protests in the country and abroad. But talks have stalled over the demand for reinstatement. Thus in the last few weeks, PALEA and the labor unity coalition Nagkaisa have launched four rallies at the San Miguel Corp. headquarters in the Ortigas central business district.

The bitter labor row between PAL and PALEA and the continuing protests in the Philippines and around the world threatens to upset the ambitious refleeting and expansion plans of the flag carrier.

Aside from reinstatement, PALEA and its global supporters are calling for the dropping of criminal and civil charges against workers. Two PALEA members, including a single mother, have been arrested and detained while warrants remain outstanding for 37 other workers.

Gerry Rivera, PALEA president and vice chair of Partido ng Manggagawa (PM) declared that “We frequently hear the alibi that outsourcing is an international trend that workers have no choice but to bear. But the reality is that resistance to outsourcing is a global phenomenon.”

Participating in the Global Day of Action are the unions IAM Local 1781 in the San Francisco airport; CAW-TCA Local 2002, IAM Local 2323, CUPE Local 4092 in Toronto’s Pearson airport; the Australian Manufacturing Workers Union, Maritime Union of Australia, the Victorian Trades Hall Council and the Australia Asia Workers Link in Melbourne’s Tullamarine airport; and the Hong Kong Congress of Trade Unions and the Alliance of Progressive Labor at the Hong Kong international airport. Unite-HERE Local 5 in Honolulu staged the leafleting earlier last Saturday.

The unions have vowed to continue leafleting PAL flights until the demand for reinstatement is met. PALEA and Nagkaisa have planned weekly protests to bring the long running labor dispute over outsourcing and contractualization to a conclusion favorable to the workers.

“We have endured 14 months at the picketlines, two attempts to disperse the campout and several typhoons because this is a fight for the future of the present and future generation of workers. PALEA will never give up until its members are back to their regular jobs,” Rivera insisted.

Monday, December 10, 2012

PALEA & Nagkaisa hold Jericho March at San Miguel in celebration of human rights day


NAGKAISA!
PRESS RELEASE
December 10, 2012
Reference: Alnem Pretencio
09209543634
--------------------------------------------------------------------------------------------------------------------------
Workers hold Jericho March at San Miguel in celebration of human rights day

Invoking the principle “Workers’ rights are human rights!”, members of the broad labor coalition Nagkaisa! celebrated today’s International Human Rights Day looking for justice for the long-suffering members of the Philippine Airlines Employees Association (PALEA).

But instead of a traditional march to Mendiola, Nagkaisa! members held a ‘Jericho March’ at the headquarters of San Miguel Corporation (SMC)  in  Pasig City to reiterate its demands for the reinstatement of locked out workers of PAL and the dropping of criminal charges against several  leaders and members of PALEA.

Aside from labor, the human rights community lead by the Philippine Alliance of Human Rights Advocates (PAHRA) also joined the protest.  Both argued that PAL’s outsourcing/contractualization of regular jobs was in gross violation of the workers’ constitutional right to security of tenure.

PALEA members had been fighting a desperate battle for reinstatement after the old management of the flag carrier locked them out in September last year after 2,400 regular workers refused to be outsourced in another service company.

SMC President Ramon Ang took control of the Philippine Airlines (PAL) in April this year after the beer giant infused at least US$500 million of fresh equity to the ailing flag carrier.  Upon his takeover of the captain’s seat, he declared that one of his top priorities was to resolve the lingering labor dispute in PAL.

“One year was too long a wait for justice that PALEA members rightfully deserved. Their rights have been violated and we in the labor movement wanted to see if the new management under Ramon Ang will keep true his pronouncements to find a just resolution to the dispute,” said Eva Arcos of the Association of Labor Unions (ALU)-TUCP, a convenor of Nagkaisa!

Nagkaisa! is bothered lately when instead of having marathon negotiations to end the dispute, warrant of arrests came out against the 39 members of PALEA, creating signals that the dispute is actually far from getting resolved.

On his part, PALEA president and Partido ng Manggagawa vice chair Gerry Rivera, reiterated his appeal for the new management to fast track the negotiations so that both parties, including the riding public, can again fly PAL with pride.

He added that PALEA after more than one year of struggle continues to enjoy wide support from the local and international trade union movement.    In fact beginning December 12, international unions will also be holding solidarity actions for PALEA at several airports where PAL has regular flights.

Rivera said labor and human rights groups’ support to PALEA will never end until the ‘walls of Jericho’ that is preventing their reinstatement crumble. 

He added that the policy of contractualization demonstrated in PAL’s outsourcing plan is the latest form of modern-day slavery that the labor movement wants eradicated.

Sunday, December 9, 2012

Workers to hold Jericho March at San Miguel in celebration of human rights day


PRESS RELEASE
December 09, 2012

Invoking the principle workers’ rights are human rights, members of the broad labor coalition Nagkaisa! will be celebrating the International Human Rights Day tomorrow, December 10. 

But instead of a traditional march to Mendiola, Nagkaisa! members is holding a ‘Jericho March’ at the headquarters of San Miguel Corporation (SMC)  in  Pasig City to lend support to PALEA’s year-old battle for reinstatement and labor justice. 

“The labor and human rights movement’s support to PALEA will never end until the ‘walls of Jericho’ which were preventing their reinstatement crumble,” declared Partido ng Manggagawa (PM) chair and one of Nagkaisa! convenors Renato Magtubo.

Aside from labor, the human rights community lead by the Philippine Alliance of Human Rights Advocates (PAHRA) is joining the protest.  Both argued that PAL’s outsourcing/contractualization of regular jobs was in gross violation of the workers’ constitutional right to security of tenure.

SMC President Ramon Ang took control of the Philippine Airlines (PAL) in April this year after the beer giant infused at least US$500 million of fresh equity to the ailing flag carrier.  And upon his takeover of the captain’s seat, he declared that one of his top priorities was to resolve the lingering labor dispute in PAL.

“On the part of organized labor, we strongly believe that a just resolution of the PAL-PALEA dispute will serve the best interest of both parties, including the riding public who want to see PAL fly again with pride,” explained Magtubo. 

PALEA members had been fighting a desperate battle for reinstatement after the old management of the flag carrier locked them out in September last year after 2,400 regular workers refused to be outsourced in another service company.

Magtubo said the policy of contractualization demonstrated in PAL’s outsourcing plan is the latest form of modern-day slavery that workers want eradicated.

The labor leader also announced that beginning December 12, international unions will also be holding solidarity actions for PALEA at several airports where PAL has regular flights. 

Advisory: Workers celebrate HR day at SMC


MEDIA ADVISORY
09 December 2012
Request for coverage

PHOTO / VIDEO OPPORTUNITY
Paskong Tuyo/Boodle Fight

Contacts:
Renato Magtubo
09178532095
Josua Mata
09177942431

Workers’ rights are human rights!

Workers Celebrate
Human Rights Day
@
SAN MIGUEL
In support of PALEA

December 10, 2012, 10:30am
in front of
San Miguel Corporation
San Miguel Ave., Ortigas, Pasig City

Assembly Point @ Podium 9:30 AM, before marching to San Miguel

NAGKAISA!

ALU-TUCP  (APSOTEU), METAL, PSU, TEXTILE, TRANSPORT,VIMCOMTU * AFW * AIWA-SENTRO
APL-SENTRO * ATU-TUCP *BMP * CIU * CLASS-TUCP * FCCU-SENTRO * FFW * KAMAO-SENTRO
KILUSAN-TUCP * KKKP-TUCP * LIBO-SENTRO * MAKABAYAN * MARINO * NABU-SENTRO * NAFLU * NAMAWU * NCL * NCTU-SENTRO * NUPP-TUCP * NUWHRAIN-SENTRO * PALEA-TUCP * PEUP-SENTRO PGEA-TUCP * PIGLAS-SENTRO * PILLU-TUCP * PIPSEA-SENTRO * PM * PMA-SENTRO * PSLINK * PTGWO-TUCP * TESDA-ACE-TUCP * WSN-SENTRO