BACOLOD City – The planned strike of Central Negros Electric Cooperative’s (Ceneco) Union Rational Employees (CURE) is illegal, according to Atty. Dennis Cortez, legal counsel of the electric cooperative.
CURE’s plan to strike is due to Ceneco management’s failure to release each employees’ P15,000 sign-in bonus guaranteed in their Collective Negotiation Agreement (CNA).
On Dec. 27, 2021 CURE filed a Notice to Strike to the National Conciliation and Mediation Board (NCMB). It also asked the Board to oversee a “strike vote” on Jan.29, 2022.
Of 322 CURE members, 301 voted “yes” for a strike. Only 10 said “no”.
According to Cortez, “We know it is a right granted by law to workers. Pero syempre may ara mga legal requirements and legal conditions nga dapat nila sundon.”
“We are not denying na may right to strike ang unionized workers. Pero we believe there might be grounds to consider ang ini nga particular strike as illegal,” he added.
“May ara syempre liabilities ang participants, especially the officers. But that is something that will have to be determined by the NLRC (National Labor Relations Commission). In case madayon ang strike we will file a petition for illegal strike,” said Cortez.
According to the lawyer, the CNA between Ceneco and the union has a “no strike” clause.
Also, he added, not all violations of the CNA can be considered as “unfair labor practice” –a ground to strike.
Based on the implementing rules of the Labor Code, CNA violations may only be considered unfair labor practice if they involve flagrant and malicious refusal to comply with the economic provisions of the agreement, Cortez pointed out.
“In the matter at hand, we do not believe there is a violation,” he stressed, citing that Ceneo is under the supervision and control of the National Electrification Administration (NEA).
Recently, Ceneco officer-in-charge Jose Taniongon said the non-release of the sign-in bonus of employees was due to a NEA advice that such may only be released if the cooperative’s collection efficiency has reached 95 percent.
Currently, Ceneco’s collection efficiency is at 92 percent./PN
