“Last month we received a back-to-work letter from Mencorp. But when we went there to work – they only presented to us a ‘partial settlement,’ telling us that (Times) Mencorp has sold its holdings. But as per law, they still have to prove that.”

By MARYA SALAMAT
Bulatlat.com

MANILA – How much does a Supreme Court decision weigh on employers found to have illegally terminated their employees? Until now, up to 150 workers belonging to Times Employees Union are still asserting the implementation of a final and executory SC decision calling for their reinstatement. Against the letter of the Supreme Court decision issued early this year, unionists said the Times management (now called Mencorp) is “not accepting the SC decision.”

“The employers told us that Mencorp could no longer be compelled to implement the decision because it is supposed to be different from Times, but the Supreme Court had said in its decision, after studying the matter, that Mencorp and Times are the same,” Ronald Fariñas, vice-president of Times Employees Union (TEU), told Bulatlat.com in Filipino. Although the union is based in Vigan in the north, he and other union officers and members come to the capital to follow up on their labor case from time to time.

The said labor case has dragged on for more than 15 years already. In 1997, most of the members of Times Employees Union including bus drivers, bus conductors, maintenance and security who took part in a strike were dismissed. The workers protested, and they received the first decision reinstating them on the job in 2002, or five years after they launched a strike.

Instead of complying though, the management of the Times bus company that ply routes to and from La Union, Candon, Vigan and Manila, filed cases questioning the decision. Meanwhile, it reportedly sought to “sell” Times and thus do away with its liabilities. In 2005 the decision calling for the workers’ reinstatement was amended. In response, the company asked for a review of the case. In 2009, the decision after the review was finally issued by the court, amending both the 2002 and 2005 decision. The 2009 Supreme Court decision mentioned its “finality,” as it called for the reinstatement of all workers terminated in 1997 to their former jobs and the payment of their backwages.

“Last month we received a back-to-work letter from Mencorp. But when we went there to work – they only presented to us a ‘partial settlement,’ telling us that (Times) Mencorp has sold its holdings. But as per law, they still have to prove that. The name’s still the same, Mencorp’s still there, the registration of buses and transport business with the Land Transportation Office and Land Transport Franchising Regulatory Board said they’re still the owners of Mencorp,” Fariñas said.

Mencorp still operates approximately 100 buses, the union said.

The “settlement” being offered by Mencorp does not comply with the SC decision, the union further said. Since 2009 when the “final and executory” SC decision came out, the matter of its implementation has been under mediation in the National Labor Relations Council. The union said they are suffering further delay “at the arbiter’s level.”

“We will not accept anything less than the implementation of the Supreme Court decision,” Fariñas told Bulatlat.com. The workers prayed that their nearly two-decade struggle would finally get some justice, and that they would be reinstated and paid their backwages.

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