[av_one_full first min_height=” vertical_alignment=” space=” custom_margin=” margin=’0px’ padding=’0px’ border=” border_color=” radius=’0px’ background_color=” src=” background_position=’top left’ background_repeat=’no-repeat’ animation=”]
[av_heading heading=’Baciwa workers press for ousted GM’s return’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY MAE SINGUAY
[/av_heading]
[av_textblock size=” font_color=’custom’ color=’#0a0a0a’]
Thursday, February 16, 2017
[/av_textblock]
[av_textblock size=” font_color=’custom’ color=’#0a0a0a’]
BACOLOD City – Bacolod City Water District (Baciwa) employees want the Board of Directors to carry out the Civil Service Commission (CSC) Region 6 order reinstating Juliana Carbon as general manager.
Workers’ union president Claudio Salmo also clarified that they are not exactly seeking the ouster of General Manager Mario Macatangay.
The Board misinterpreted a union letter urging the implementation of the CSC order as an “ouster letter,” said Salmo.
In their letter to the Board, the union quoted Macatangay as saying in flag-raising ceremonies in January that he is willing to pack and leave Baciwa if Carbon gets reinstated or the Board terminates him.
“He will transfer to another company and will not be jobless. The union welcomes his statement,” the union said.
Salmo said they are not petitioning the ouster of Macatangay per se.
But in their letter, the union said “it is the official stand of the [union] that the services of Macatangay be expired immediately and the reinstatement of Carbon in accordance with the [CSC] Region 6 decision be implemented.”
Salmo warned that Baciwa employees will not be able to receive benefits, including their rice allowance, if Carbon does not return.
Director David Villanueva said Wednesday they have elevated the issue to the CSC central office and are waiting for a decision. They will carry out whatever decision the higher CSC office comes up with, he stressed.
As for the rice allowance, it will be given only to employees hired in 1998 and earlier, based on Department of Budget and Management guidelines, Villanueva said.
FIRST ORDER
CSC Region 6 ordered Baciwa to put Carbon back as general manager and pay her back wages starting Aug. 18, 2015 until her actual reinstatement. The order stemmed from the complaint she filed against the Board for her “constructive dismissal.”
Signed by CSC Region 6 director Rodolfo Encajonado on June 26, the order also invalidated the appointment of Macatangay as general manager.
According to the CSC, the BOD Resolution No. 135 dated June 11, 2015 requesting the Local Water Utilities Administration to extend Macatangay’s designation as interim general manager for another year; BOD Resolution No. 146 dated July 14, 2015 accepting and approving Carbon’s voluntary retirement; and the letter dated July 15, 2015 of Ma. Aida Torre, chairperson of Baciwa BOD, notifying Carbon that her application for voluntary retirement has been approved were “considered not in order.”
“The issues regarding the validity of BOD Resolution No. 146 dated July 14, 2015, as well as her entitlement to the retirement incentive provided for in the Collective Negotiation Agreement have become moot and academic,” the CSC said.
MOTION
But Assistant Government Corporate Counsel Dominador Isidoro Jr. and Government Corporate Attorney Marlito Odosis, on behalf of Baciwa, filed a motion for reconsideration against the CSC Region 6 order.
They questioned the finding that the BOD Resolution No. 146 was “considered not in order.” They argued that the resolution was not “legally infirmed” because it was approved by an affirmative vote of three Board members.
In her complaint, Carbon questioned the validity of the resolution, saying four affirmative votes are required to approve it.
ORDER UPHELD
The CSC Region 6 upheld its earlier decision.
It also stated in a decision promulgated on Sept. 20, 2016 that Macatangay’s appointment on Dec. 1, 2015 was invalidated because the subject position was a violation of the prohibition provided for in Section 5, Rule VII of the Omnibus Rules Implementing Book V of Executive Order No. 292, and Section 13, Rule XIII of the CSC Memorandum Circular No. 40, series of 1998, as amended./PN
[/av_textblock]
[/av_one_full]
