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This
case study focuses on the 1999 Cebu port conflict
involving shipping companies, port workers, and unions. It
covers five shipping companies and six Cargo Handling
Service Providers located in the Cebu International Port
and Piers 1, 2, and 3. It describes the labor relations
existing between the ships’ management and their
workers’ unions.
The
paper paints a general picture of the shipping industry in
Cebu by probing the predicament of unions within each
shipping company. One of the problems that workers face is
the management’s deliberate effort to quell legitimate
unions by establishing or recognizing unions that it can
easily control. In the case of Cargo Handling Operators (CHO)
on the other hand, most of their organized unions are not
even recognized by management, especially those that are
composed of workers recruited informally by a cabo
(foreman).
The
research stresses that current labor laws, which are
framed with the assumption of a factory/office-based
employer-employee setting are not applicable at the port
setting. The development of appropriate policies covering
port workers is, therefore, recommended. The Department of
Labor and Employment (DOLE-7) and its Labor Standards
Division should swiftly act upon labor standards
violations filed with their offices. The paper advises
DOLE-7 to upgrade its services by setting up a pool of
lawyers to assist DOLE staff in handling harassment cases
of workers, and to extend the powers of the Secretary to
enable him/her to revoke registrations or licenses, or to
impose heavier fines on companies that violate the labor
law.
The
study recommends the privatization of the port as this may
prove to be more beneficial to government and to the
public than the modernization program envisioned in
Executive Order 59. The collection of Post-workers Social
Amelioration Fund may also be assigned to a specially
designated office along the lines of the Social Security
System, which can efficiently manage the funds rather than
assign the task to the unions or to one overarching union
to prevent paralysis of the whole shipping industry in the
event of a workers’ strike.
The
establishment of only one Cargo Handling Operator may be
considered to encourage healthy competition. Employers, on
the other hand, should allow freedom of organization and
association in their firms, provide the right wages and
benefits mandated by the law, and observe the provisions
of their contracts.
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