University of San Agustin: Virtus et Scientia: OFFICIAL STATEMENT OF THE UNIVERSITY OF SAN AGUSTIN AGAINST THE ILLEGAL STRIKE HELD ON SEPTEMBER 19, 2003

OFFICIAL STATEMENT OF THE UNIVERSITY OF SAN AGUSTIN

AGAINST THE ILLEGAL STRIKE HELD ON SEPTEMBER 19, 2003

Today, September 19, 2003 at approximately 8:00 a.m., the University of San Agustin Employees’ Union – Federation of Free Workers staged a strike and engaged in picketing, work-slowdown, work-stoppage and mass leave to protest an economic issue that has reached a bargaining deadlock; in particular, the computation of the Tuition Incremental Proceeds or TIP.

The strike by the University of San Agustin Employees’ Union – FFW over an economic issue is in utter bad faith and blatant violation of the “NO STRIKE, NO LOCKOUT” provision of the Collective Bargaining Agreement executed by the Union and the University of San Agustin which reads in part:

“Considering that the University is a non-stock, non-profit educational institution which needs a stable and peaceful atmosphere in the classroom, campus and academe in order to fully achieve its mission in educating the youth, the Union binds itself not to go on strike, picketing, work-slowdown, mass leave or any concerted activity including but not limited to those mentioned in Section 2, hereof, during the lifetime of this Agreement; and likewise, the University agrees that no lockout against any or all its workers shall take place during the lifetime of this Agreement.”

This CBA is effective for a period of five years from July 27, 2000 to July 26, 2005.

At 8:45 a.m., a Sheriff from the Department of Labor and Employment attempted to serve on the Union officers massed in front of the main entrance of the University the Order dated September 18, 2003 in OS-AJ-0032-2003 captioned “In re: Labor Dispute at University of San Agustin” of the Honorable Secretary of Labor, Patricia A. Sto. Tomas assuming jurisdiction over the labor dispute between the University and the Union. The Union officers refused to received the Order on the lame excuse that the Union passed a resolution that it will only be the Union President, Mr. Theodore Neil Lasola authorized to receive said order. Mr. Lasola not surprisingly was nowhere to be found in order for the Order of the Secretary of Labor to be served. Mr. Lasola however was heard on AM radio being interviewed through a cellular phone lambasting the University.

In view of the above incidents, the University of San Agustin reproduces in full and for publication in a newspaper of general circulation the Order of September 18, 2003 of the Honorable Secretary of Labor Patricia A. Sto. Tomas in OS-AJ-0032-2003:

“ORDER

This pertains to the dispute between the UNIVERSITY OF SAN AGUSTIN and the UNIVERSITY OF SAN AGUSTIN EMPLOYEES UNION-FFW, which was caused by a deadlock in collective bargaining.

On 14 August 2003, the Union filed a notice of strike against the UNIVERSITY OF SAN AGUSTIN. Despite the efforts exerted by the Regional office of the National Conciliation and Mediation Board, no settlement was reached.

On 12 September 2003, the Union submitted the results of its strike vote indicating majority support for a strike.

On 15 September 2003, a last ditch conciliation was held but no settlement was reached as parties stood pat on their respective positions.

The law on the matter supports the parties’ joint request for assumption. Article 263, paragraph (g) dives this Office plenary powers to determine the necessity of intervention whenever, in our considered opinion, there is a dispute that is causing or likely to cause a strike in an industry indispensable to national interest.

The University in its request for Assumption justified the need for assumption, as follows:

“Considering that (a) the University of San Agustin in Iloilo City is an educational institution indispensable to the national interest, (b) the serious adverse effects of the planned Union strike to the students of said University, (c) the strike is a result of a difference in interpretation of an economic proviso of the CBA, (d) that the CBA expressly contains a “NO STRIKE” provisions arising from economic disputes, (e) that the CAN similarly has a voluntary arbitration or grievance machinery proviso x x x, it is respectfully prayed that the Honorable Secretary, x x x, pursuant to Article 263 (g) of the Labor Code assume jurisdiction over the dispute between the University and Union and decide or certify the same for arbitration.”

An academic institution is decidedly an institution engaged in an undertaking that is definitely indispensable to the interest of the nation. In the case of ST. SCHOLASTICA v. HON. RUBEN D. TORRES (G.R. 1001158, 02 June 1992) and in BAGUIO COLLEGES FOUNDATION vs. NLRC, (G.R. 98043, 26 September 1993), the indispensability of academic institutions to public interests has become a well-settled doctrine in labor jurisprudence.

In said cases and in many other cases involving universities and college, the High Court stressed that the University plays a critical role in implementing the State’s role in nation-building and the policy of providing quality education. A strike, if not averted, will paralyze the operation of the university and prejudice the students. Disruption in the operation of the school will also adversely affect the basic means of livelihood of the faculty members and the non-teaching personnel of the University as well as their families.

At this critical period in the nation’s development, when efforts of the present administration are being focused towards socio-economic upliftment, it is the major concern of this Office to avert any unnecessary work stoppage that may impair educational goals and jeopardize economic recovery efforts. Moreover, assumption in this case is being asked jointly by the parties. The exercise, therefore, of this Office of the powers provided under Article 263 (g) of the Labor Code, as amended, is warranted.

Although there are allegations of unfair labor practices which matter should ordinarily be certified to the National Labor Relations Commission for compulsory arbitration, the records indubitably show that the real root cause of the dispute appears to be the alleged non-fulfillment of the supposed duty to bargain. Thus, the proximate cause of the parties’ differences is collective bargaining.

WHEREFORE, this Office hereby ASSUMES JURISDICTION over the labor dispute at the UNIVESITY OF SAN AGUSTIN, pursuant to Article 263 (g) of the Labor Code, as amended.

Accordingly, any strike or lockout whether actual or intended is hereby strictly enjoined and the parties are directed to cease and desist from committing any act that might exacerbate the situation.

Finally, to expedite resolution of the dispute, the parties are directed to submit their respective position papers and evidence to this Office within TEN (10) calendar days from receipt hereof, with proof of service to the other party. REPLY thereto shall be submitted with proof of service to the adverse party, within five (5) calendar days from receipt of the other party’s POSITION PAPER.

This Office shall determine whether or not there is need for any clarificatory hearing. If none, the case shall be deemed submitted for resolution after ten (10) calendar days from submission of all pleadings. In the interest of speedy resolution, no motion for extension shall be given due course. Any failure to plead shall be deemed a waiver of the right to be heard and the case will be decided based on the evidence on record by then Considering the need for an immediate solution to their dispute, the parties are hereby enjoined to cooperate.

SO ORDERED.

Manila, Philippines, 18 September 2003.

(SGD.) PATRICIA A. STO. TOMAS

Secretary”,

And hereby warns any and all officers and members of the Union to strictly comply with said Order in particular the portion which reads, “any strike or lockout whether actual or intended, is hereby strictly enjoined and the parties are directed to cease and desist from committing any act that might exacerbate the situation.”

In view of the foregoing, all officers and members of the Union are therefore directed to return to work on Monday, September 22, 2003 otherwise they shall be deemed to have lost their employment status in the University of San Agustin. The University however, reserves the right to file the necessary and appropriate charges against Union members and officers who led and actively participated in the illegal strike of September 19, 2003.

THE UNIVERSITY OF SAN AGUSTIN