New guidelines set PNP, AFP limits in labor union actions

Published May 10, 2012 8:50am

Labor, police and military officials signed on Wednesday a set of guidelines that will define and set limits for their roles in ensuring peaceful and orderly union-related activities.

The guidelines, which cover the Philippine National Police, Armed Forces of the Philippines, and Interior, Justice and Labor Departments, were forged after a year of consultations.

“The Guidelines (are) not just a document but a live document. As we are confronted with day-to-day labor and management concerns, we are committed to deliver the commitments in the document that we have signed today. The key to sustained industrial peace with social justice is effective coordination with labor, management, and government,” Labor Secretary Rosalinda Baldoz said.

Under the guidelines, the DOLE said the AFP and PNP may intervene “only in labor disputes if expressly requested in writing either through mail, email, fax, or any similar means by the DOLE, through its regional offices.”

Baldoz said the guidelines aim to ensure peace and order and security during labor disputes, while respecting the exercise of workers’ and trade union rights free from violence, pressure, fear, or duress.

She said the guidelines will also promote workers’ right to freedom of association, collective bargaining, concerted peaceful actions, and other trade union activities.

Aside from Baldoz, other signatories of the document included:

Defense Undersecretary Eduardo Batac
Justice Undersecretary Francisco Baraan III
PNP Chief Superintendent Lina Sarmiento
Lt. Gen. Ireneo Espina

Batac represented Defense Secretary Voltaire Gazmin, Baraan represented Justice Secretary Leila de Lima, Sarmiento represented PNP chief Director General Nicanor Bartolome, while Espina represented AFP chief of staff Lt. Gen. Jessie Dellosa.

Also present as witnesses during the signing were Lawrence Jeffrey Johnson, director of the Manila Office of the International Labor Organization, and Karen Curtis, ILO Geneva Deputy Director.

Baldoz said the guidelines aim to promote the effective exercise of workers’ and trade union rights and to address violence and threats against workers and trade unionists, including reports and/or allegations of militarization of workplaces in and during labor disputes.

Conduct of agencies

The guidelines govern the conduct of all members, personnel, and officers of the DOLE, DILG, DND, DOJ, AFP, PNP, CAFGU Active Auxiliaries (CAAs), Special CAFGU Active Auxiliaries (SCAAs), PNP Supervisory Office for Security and Investigation Agency (SOSIA), and the Barangay Public Safety Officer (BPSO) during labor actions.

Also covered by the guidelines are:

workers’ and trade union rights relative to the exercise of freedom of association;
conduct of AFP and PNP internal peace and security operations;
modes of coordination between the DOLE, AFP, PNP, and local government nits (LGUs) during labor disputes;
remedies in cases of violation; and
monitoring and evaluation of the gidelines’ implementation.

Under the guidelines, all labor disputes shall be under the jurisdiction of DOLE and its appropriate agencies, and members of the AFP, PNP, and other law enforcement agencies, including Barangay Tanod/BPSO and company security personnel/security guards may act as peace keepers in labor disputes.

Respect, protect workers’ rights

Among the workers’ rights to be respected and protected at all times are:

the right to establish and join organizations without discrimination, to include the right of trade unions/workers’ organizations or their leaders or members not to be prejudiced by reason of their actual or potential membership in a political party that is in opposition to a political party in power;
the right to life and personal safety, which shall include the right of trade unions and workers’ associations to carry out their activities in full freedom in accordance with labor and other related laws and to be protected from threats of or actual violence committed by persons or organizations opposed to their trade union activities;
the right to freedom and security from arbitrary arrest and detention, which shall include the right of persons and properties of trade unions and workers’ associations to be secured from unreasonable and unlawful searches and seizures and the right to due process of law;
the right to freedom of opinion and expression, which shall include the right of every worker/trade unionist to freely and publicly express his/her personal opinions, orally or in writing, on matters affecting his/her rights; and
the right to freedom of assembly including the right of workers and trade unions to engage in peaceful concerted actions in accordance with law and International Labor Standards.

“At all times, local chief executives or their authorized representatives may assist in settling any labor dispute in their respective local government units, but they shall always coordinate with the DOLE and/or its Regional Offices. This is a must,” Baldoz said. –KG, GMA News

Tags: laborunion, labordispute