The Canadian Union Of Labour Employees represents over eighty unionized staff employed in the regional offices of the Public Service Alliance of Canada (PSAC). In addition, CULE represents all employees of the Nunavut Employees Union, a Component of the PSAC.

Dear CULE Comrades,

Magandang araw!

Here are my updates on MAKABAYAN activities and my engagement for the month of June to 2nd week of August.

MAKABAYAN Congress – the MAKABAYAN second congress will be on October 7-8 five (5) weeks to come.

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CEP vs PSAC vs CULE - Ontario Labour Relations Board Hearing August 23-24, 2010 - Toronto, Ontario

This hearing was set to determine the outcome of the CEP Raid of Ontario CULE members. The parties met at the appointed time of 9:30 am at the Board offices in Toronto. The Board appeared at 10am and upon seeing Counsel for the PSAC, one of the Board members asked for a recess. Upon returning it was revealed a Board member had a conflict of interest with the law firm of Counsel for the PSAC (Hicks, Morley). The Board then recessed to find a new member to the 3 member panel and advised they would reconvene at 2pm. When the parties met at 2 pm some procedural wrangling ensued as CEP had not produced certain documents. After some discussion, CULE withdrew the argument of the national bargaining unit as the case law was not supportive in light of the current wording of the collective agreement. It was apparent the Board would only concern itself with workers in Ontario and was without jurisdiction to rule on workers outside of the province. As was noted by CEP Counsel the application is basically “a carve out” of the Ontario workers in a larger bargaining unit.

The parties then addressed the issue of a mail in ballot for Tom Hamilton and provided argument to the Board. In essence the case law tends to direct the Board to consider only those circumstances where a significant number of workers would be disenfranchised if they were not able to vote especially by a mail in ballot. So Tom not being a significant number was dealt with by the Board who ruled he would not be given a mail in ballot.

On the second day the parties reconvened. After some further discussion, the documents of PSAC and CEP and CULE were entered with mutual consent. CEP then had Adrian Dimutru take the stand and we heard evidence given by Adrian Dimitru. The cross examination by the CULE Counsel was lengthy and brought the second day to a close.

The parties agreed that 2 more days of hearing are required to hear evidence from Don Dudar and others and then for the parties to present their arguments to the Board. The parties will discuss hearing dates in the near future. We will advise what the hearing dates are in due course. The CULE team is satisfied with the way the hearing is proceeding.

Dear CULE Comrades,

Magandang araw! Here are my updates on MAKABAYAN activities and my engagement for the month of May to June.

MAKABAYAN Organizing:

1. CWP continue to reach out a larger number of workers in the service sector especially BPO’s (Business Process Outsourcing) and those at call centres. Every Sunday it continues to conduct CWP orientation.

2. The RC Cola union is prodding on to re file a Petition for Certification this July. The reunification process becomes more challenging as the union president (a driver/salesman) was accused of theft when his sales collection was stolen by some unidentified man who forcibly breaks the window of the service truck he was driving. Recently, he was terminated by management after a month of preventive suspension. Lately, the (union president) was apprehended by the police while he was driving a borrowed motorcycle, unfortunately the motorcycle registration was not yet renewed, so he was charged of another criminal offense. Simultaneously, new waived of harassment ensued with the union members and rumours of strike reached the management. Upon summoning of the RC Cola management, the armed military men immediately came and lingered around its premises for 3 days. They left on the afternoon of July 5, after sowing fear among the hearts and minds of the union members and the workers who were being encouraged to vote for the union on the incoming election. Efforts to counter propaganda the management’s move is now carried out but a positive response from the decisive number of regular workers is still to be seen.

Nonetheless, our tack to organize MAKABAYAN in the nearby communities where RC Cola is located is pursued by our diligent local organizers.

3. For GNQ, the CBA negotiations pushes on despite of the management’s refusal to accede on the demands of the union, the latter even attempted to change those already agreed items of the CBA by luring the workers into letting them print the paper.

4. With regards to Hanjin, after the successful registration of Hanjin workers association called SAMAHAN, the Department of Labor and Employment through the petition of the HHIC-Phils., took back the certificate of registration. We filed an appeal to the National Bureau of Labor Relations (BLR) to challenge the basis of the revoked association registration when the petition was filed by the Hanjin management.

5. Workers organizing at Economic Zones and community associations:

The earlier circumstances mentioned reveals that these are clearly challenging times for the organizing work of MAKABAYAN. The capitalists more brazen attacks to the union further weaken the organized workers in our country. Workers somehow by themselves have to close their ranks as the government’ continue to tow the line of neo-liberalism to which it was proven to be the root of the proliferation of precarious workers. The latest statistics shows that a large number of the labor force (52.5 % NSO data) are found as informal/ semi-prolet - workers (precarious) who eke out a living by selling all sorts of products in the streets everyday and does not have direct employee-employer relationship. The statistics further said that 90% of the country’s present Labor Force is non-unionized.

With the condition mentioned above our organizing has a slow phase thus, MAKABAYAN decided to revive once more a massive campaign against contractualization. We are now reviving a broad alliance among the ranks of organized labor we call it KONTRA (an alliance against precarious work), we even extend the alliance to other sectors specially the youth sectors where precarious type of work and non secured jobs will continue to proliferate as most will end up to this type of jobs too. This will culminate into actions and the putting up of protest centers in front of the Department of Labor and Employment (DOLE). We are now, preparing for the necessary arrangements to drumbeat this campaign.

This campaign aims to enhance our organizing and strengthen the right to organize and CBA (ILO Convention 87 and 98) and in the long run end contractualization.

MAKABAYAN Campaigns:

1. Labor Agenda to which labor organizations were bound into unity by the core issues of job security and the right to self organization and to bargain. MAKABAYAN alongside the broad coalition of labor organizations continue to pushe for the new administration (Pres. Benignor “Ninoy” Simeon C. Aquino) to adopt a pro-labor agenda and take a strong position or pronouncement in relation to strengthening the labor laws through the passage of the security of tenure bill (a bill that prohibits contractualization) and pursue the strengthening of labor rights and promote full employment in the Philippines.

Among other issues that we carry under the Labor Agenda were: Social protections such as unemployment subsidies, universal health care, socialized education (free basic education) and housing.

2. Freedom of Information Act.

The Right to Know Right Now Campaign Network in which MAKABAYAN is a member sought the sponsorship of progressive congressmen and re filed the bill at the 15th congress last July 4 and are about to release a statement regarding the urgent passage of the bill in the first year of Congress.

• A glimpse of how the Philippine people struggled to push for passage of the Freedom of Information Bill
• News report: Freedom of Information Act buried for “lack of quorum”
• Here is some video of a Right to Know Right Now Campaign “Noise Barrage” rally and a R2KRN press conference and reaction after Congress adjourned without ratifying the Freedom of Information bill.

MAKABAYAN held its 6th National Council Meeting last July 3-4 among the major agenda is the scheduling of the previously postponed MAKABAYAN congress which was already set on October 7&8 this year.

My activities:

As part of my centerwork I wrote the press release of Smart Shirt Philippines Workers Union a MAKABAYAN union based in Pampanga who has undergone massive illegal layoff. As part of the MAKABAYAN secretariat I coordinated among the locals our activities and recent campaigns as well as prepared the collated data needed for the NC Meeting. I also represented MAKABAYAN to various engagements with the Stop the War Coalition on the raid of the Freedom Flotilla meeting and indignation rally last June 1 and 2. For the Right to Know Right Now Campaign I represented MAKABAYAN in our last vouch for the passage of the FOI Act at the lower house last June 4, I am also among the speakers from workers during the press conference. I also attended several Caucus of Labor Agenda meetings with other labor centers and coordinated and facilitated the KPD and sectors Independence Day cultural presentation last June 12 and coordinated the participation of MAKABAYAN members in the Independence Day mobilizations (June 11 and 12). Other engagements like the Asian Human Rights Policy Forum last June 17 and help hosted our Canadian exposures to our local areas. Now I am drafting the anti-contractualization campaign paper of Hanjin. I also documented our draft papers during the National Council Meeting and edited the minutes.

• Press Release: Union Cries Foul over the Sudden Layoff of 400 workers at Smart Company
• Press Release: MAKABAYAN on Migrant Workers Day: Decent Work for All, Not Just Festivities

I am also designated as one of the member of the committee for documentation for the upcoming MAKABAYAN congress. Also as the head of cultural committee, I will be very busy in the coming days until the day of the congress.

On the national political situation of the Philippines

I am apologizing for the delay of this report our office encountered a two week old problem with our internet connection hence; I am prevented from submitting my duly awaited report. Nonetheless, I hope that this report continue to enlighten you comrades on the plight of the working people in the Philippines and their continuing struggle for basic internationally enshrined rights.

Thank you and Mabuhay!

In solidarity,

Precy

Here are some photos of the Right To Know Right Now press conference and some MAKABAYAN organizing work  …

A quick report from Monica Urrutia and the CULE International Solidarity Committe: KPD (Movement for Nationalism and Democracy) just received the latest PSAC box (Staff and members in BC have been contributing towards Balikbayan Solidarity boxes shipped to the Philippines) which contained a lot of toy donations. Here’s a message they wanted to pass along:

We’re going to sort it out later but we wanted to let you know that this would really be a big boost to the grassroots day care initiatives we have going on in communities inside and outside Metro Manila. By the way, there is a video interview of a recent Human Rights case we are addressing that was interviewed by Al Jazeeral Manila Correspondent Marga Ortigas (below).

Here are more details regarding the case (.pdf). Many thanks to Cora Alcuitas for providing the translation.

Sisters or Brothers;

As you may be aware a call-out to CULE members for the donation of leave to assist a CULE member was made back in June. I want to inform you that the response shown by CULE members was overwhelming.

A large thank-you to all CULE members who found it in their hearts to support this initiative.

In Solidarity, Dave Jackson, CULE President

As you are aware we have been frustrated by the employer with their inability to meet with us to commence bargaining. And for cancelling dates on which we had agreed to meet. That being said, we have now confirmed dates with the employer to bargain in the Fall.

1. September 20-22;
2. October 26-29; and
3. November 23-25.

We look forward to having a respectful dialogue around all issues but particularly around issues which will be quite difficult in nature. We expect the employer to act in the same manner. We will soon be issuing a call-out to CULE members who may be interested in being part of the strategy planning committee.

In Solidarity, Your Negotiating Team

The parties met for a mediation session on June 2nd, 2010 with the assistance of Ms. P. Buriak a Labour Relations Officer from the Ontario Labour Relations Board. During this session CULE offered to withdraw on the legal issues if CEP was prepared to have the outstanding three segregated ballots counted in with the total. These are the ballots of Don Dudar, Shirley Riva and Adrian Dumitru.

However CEP was not interested in discussing a settlement so our offer was not communicated to them. As a result the representatives of the three parties (PSAC, CEP and CULE) then reviewed available dates for a full hearing before the Board. After some discussions hearing dates of August 23rd and 24th were agreed upon. At that hearing the following outstanding issues will be dealt with. Briefly, CULE’s position on those outstanding issues is as follows:

1. The bargaining unit is a national one in scope and to carve out those members in Ontario as a separate unit is contrary to the definition of the unit.
2. The issue of Tom Hamilton being on an acting assignment outside of Ontario yet his substantive position is in Ontario and consequently should have been allowed to vote via a mail-in ballot, but no ballot was issued to him.
3. As noted previously the 3 segregated ballots in dispute have to be determined if they are to be counted or not. As CEP refused the offer to settle CULE takes its original position that Don Dudar’s substantive position is outside of Ontario so he should not be allowed to vote. Adrian Dumitru was not a member of the bargaining unit at the time of the April 29th application so he should not be allowed to vote. Shirley Riva reports to the Ontario Regional Coordinator and so in effect should be included in the bargaining unit and allowed to have her vote counted (please see the attached document for the PSAC’s and CEP’s position on these segregated ballots).

The written submissions of the parties on these outstanding issues are to be placed before the Board by mid-June prior to the hearing.

Dear Sisters and Brother:

As you all know, we have been waiting for almost four years for the employer to schedule our Admin Conference. A grievance on MOA # 5 was filed by sister Pamela Peckford on behalf of CULE II members. The hearing was to be on Friday - May 29th, however; the employer seems to have found a date to schedule the National Admin Conference. The anticipated date will be November 1-4, 2010.

As a result, this grievance has been withdrawn and considered a victory for CULE II.

Many thanks to sister Peckford for pushing this issue.

In Solidarity, Marion Agadzi - CULE II VP

Please note CULE has suspended participation in the Joint Employment Equity Committee - here is the text of an email sent to the PSAC on May 21st.

Hi Catherine. I am sending this email to advise you that as of today CULE has suspended our participation in JEEC. CULE will participate in JEEC when there has been a re-assessment of the terms of reference and when we believe that issues of equity can be dealt with in a progressive and proactive way. Finally, CULE expects that the employer will be respectful of equity as per the Employment Equity Act in addition to the principles of equity that the PSAC espouses.

Dave Jackson, CULE President.

As a direct result of the CEP Raid on CULE Ontario the employer has chosen to delay the start of negotiations with CULE. CULE members across the country are all thus forced into a holding pattern in regard to this round of negotiations until the OLRB decisions are complete.

More information will follow soon.

Your Executive informs 31 votes were counted - 3 additional votes are in dispute - the result: CULE-16, CEP-15. A hearing will take place on June 2, 2010 to determine the regional outstanding issues.

More information to follow.

Your CULE negotiating team, consisting of Marion Agadzi, Debbie MacLaughlin, Dianne Gallant, Janelle Ho-Shing, Dave Jackson and Jim Brohman will commence bargaining with the employer on Wednesday May 19 at which time we will post our package of bargaining demands. This first session will end Friday May 21. We will post employers package as soon as they are able to make them available to us electronically.

We will need the full support of CULE members as we head into a difficult round of bargaining.

The CULE Executive is undertaking a project of creating a commemorative video of the 2010 CULE Convention and we would like to ask members to submit photos or videos from our time in CUBA for inclusion in the project. These will be compiled and a short video will be made of the convention. Please forward any photos or video on disc by mail to the Victoria RO or by email to web@cule.ca

If anyone has any reason for not wanting their images displayed in the video presentation please let us know and we will make every effort to accommodate your desires.