After 37 Days:
Labor Secretary Assumes Jurisdiction Over the Labor Row in Hyatt Regency Manila, But the Struggle for Workers' and Trade Union Rights Continue

17 June 2002 - After 37 days, the strike in Hyatt Regency Manila is over, but the workers’ struggle to defend their jobs and union rights continue.

The Department of Labor and Employment (DOLE) assumed jurisdiction over the labor row in the plush hotel in Pasay City last Saturday, 15 June. Secretary Patricia Sto. Tomas ordered all the strikers to report to work within 24 hours. The return to work order however does not include the 48 union members who were earlier terminated last 5 May allegedly due to redundancy. The National Labor Relations Commission (NLRC) was directed to determine the legality of their termination.

The Labor Code empowers the Secretary of Labor to assume jurisdiction over any labor dispute and issue a return-to work order if it is “vital to the national interest.” Defiance to such an order is illegal and is penalized by dismissal of the defiant strikers. The Labor Code was imposed during the early years of the Martial Law to systematically curtail workers’ and trade union rights in the country.

Normally, a return to work order enjoins both parties from taking any action that may further aggravate the situation. However, this was not explicitly stated in the return to work order. As such, it remains to be seen whether the hotel would live up to the spirit of the return to work order.

“If the Hotel is in good faith, they would cease and desist from implementing their attrition policy. But that remains to be seen,” Edwin Bustillos, president of SAMASAH-NUWHRAIN-APL, said.

It may be recalled that the hotel workers struck during the early morning of 10 May 2002 in response to the hotel’s mass termination last 5 May.

Contrary to its collective bargaining agreement (CBA) with the union, the hotel announced last January 21 of this year that they would reduce the regular workforce from 248 to 150. In succeeding meetings with the union, the hotel admitted that it intends to replace the regular workers with contractual workers. In fact the hotel hired 60 contractual employees the very next day after it sacked 48 union members last 5 May.

The Union is now bracing itself for a long legal battle to reinstate their illegally terminated comrades. In the meantime, other hotels are now initiating their own attrition policies.

Posted at the APL Website on 17-June-2002

Previous Press Statements

	APL and Akbayan Stopped From Holding Rally in US Embassy - 13 June
	After One Month: The Fight for Workers' Rights in Hyatt Regency Manila Continues - June 10

	Denounce and Stop The Water rate Rebasing Scheme of Maynilad and Manila Water Service - June 6
	Thousands Joined the National Day of Protest - June 5
	Suspension is Not Enough, Abolish PPA! - May 29
	Strike in Hyatt Regency Hotel Enters Its 2nd Week - May 23
	Workers Picket Meralco Branches “Kontra PPA Patak Centers" Established - 14 May
	Workers of Hyatt Regency Manila on Strike! - May 10
	Hyatt Hotel Harassed Its Own Employees Union Posed To Strike Anytime Soon! - May 9
	Thousands marched to celebrate Labor Centennial and to demand the country's withdrawal from the WTO - May 1
	Workers Call for Congressional Inquiry into Maynilad's Abandonment of Obligation - 23 April 2002
	Despite Its Dismal Service Performance,Maynilad Has The Nerve To Ask For Water Rate Increase! - 19 April 2002
	GMA reveals contempt for 100 years of trade union struggle - 10 April 2002
	Meralco a blackmailer! - 5 April 2002
	APL condemns the Tariff Commission and calls for public review of country's WTO commitments and other trade arrangements - 3 April 2002

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