POSITION PAPER On a mere technicality, at the preliminary conference: IN RE: PETITION FOR CERTIFICATION ELECTION OF THE RANK-AND-FILE EMPLOYEES OF ALL UP WORKERS (AUPWU) versus ORGANIZATION OF NON-ACADEMIC PERSONNEL OF THE UNIVERSITY OF THE PHILIPPINES (ONAPUP) docketed as BLR-O-CE-25-12-11-13 held at the BLR Conference Room, 6th Floor, Wing C, BF Condominium, Soriano Cor. Solano Streets, Intramuros, Manila on January 22, 2014, and by the citing relevant provisions in the Amended Rules and Regulations Governing the Exercise of the Government Employees to Organize (ARR) pursuant to Executive Order 180 series of 1987, and the mere fact that the ONAPUP were not able to meet the required number of signature support for the PCE, among others, that Mr. Felix Parinas, the National President of AUPWU, with the strong back up support of twelve (12) AUPWU Officers, has gallantly and with confidence, made the motion for the outright dismissal of the petition for certification election, with the following additional manifestations, and narrations to the floor, to wit: 1. That their union the AUPWU has already commenced the negotiation for a new proposal of package of benefits with a 2-inch thick signature shown to the Mediation-Arbiter with the claim as representing strong support or about 70% of their members; 2. That as regards REPS classification, and contrary to the ONAPUP’s letter request for PCE to the DOLE-BLR dated December 10, 2014, AUPWU corrected that the REPS as well as the Faculty are not covered in the bargaining unit sought to be represented; 3. That the said 2-inch thick proposal will be incorporated under a new collective negotiating agreement (CNA) wherein which a scheduled labor and management council meeting with UP System Administration slated on the 29th January 2014; 4. That they (AUPWU) had received words from UP Vice-President Maragtas S.V. Amante on the need for the postponement of the said meeting until the resolution on the petition for certification election has been heard and resolved at the DOLE-BLR; 5. That they (AUPWU) then made a bold conclusion and in effect cast aspersion on the person pushing for the petition certification election as only but time consuming exercise that may adversely affect on the old CNA, albeit delay and/or in the suspension of benefits in the University of the Philippines; 6. That the Holy Bible is being likened to the PSLMC Rules and Regulation, a copy of which was brought in the conference by the Mediation-Arbiter claiming the latter should command reverence and strict adherence by the letters. The lone representative, Mr. Danilo G. Walo, National Secretary (ONAPUP), conceded to the fact and offered no denial that indeed ONAPUP were not able to get the 20% signature support requirement per ARR of EO 180. Mr. Walo manifested that the signature support for the PCE was not achieved due to some factors and unfolding events during the freedom period such as distance separating various university campuses and ultimately some time constraint, among others. Mr. Walo has shown the Mediation-Arbiter, some signed documents that were not attached to the petition and proffered during the conference, pleadings that the same be included with prayers that the petition be dismissed not, on the basis of the mere technicality alone as the sole reason. Attached to this position paper are some more signed petition that were not included in time for the submission of the PCE, the numbers of which may not be sufficient enough to warrant the mandatory conduct of a certification election. In this regard, this position paper is submitted with prayer requesting for the waiver of the Section 4 (e) of Rule IX (Certification Election) in ARR of EO 180 and grant ONAPUP some relaxation of said rules in as much as the other union (AUPWU) were somehow a party in frustrating the efforts of the ONAPUP in gathering many signatures. This matter became evident when Mr. Parinas manifested and presented with braggadocio to the Mediation-Arbiter their (AUPWU) their 2-inch thick proposal for a new CNA during the conference commenting that the same has the 70 % support and ready for presentation in the schedule meeting with the UP Administration. An issues has been raised at this point which the ONAPUP would like to bring to the attention of the Mediation-Arbiter, that the other union (AUPWU) has indeed and in fact fashioned a fantastic tactic by simultaneously and with such stealth like manner initiated with gusto their own version of a signature gathering campaign, and within the freedom period for that matter, purportedly and allegedly for the purpose of getting the support of members for an new package of benefits for incorporation and amendment to the current collective negotiating agreement with the university. Based on the attached copies of communication between the University and the DOLE-BLR, the university is indeed suspending its schedule meeting the other union (AUPWU) as narrated by Mr. Parinas during the conference with some consternation. This was confirmed by no less than the UP Vice-President Amante to Mr. Walo last Thursday, January 23, 2014 over the phone that the reason was that the postponement was in difference to the on-going processes at the DOLE-BLR as regards the ONAPUP petition at the advice of the Office of the Vice-President for Legal Affairs, with the assurance that the old CNA shall remain in force and effect while awaiting for the final and new CNA. ONAPUP hopes that the good Mediation-Arbiter finds merits in the foregoing position papers, and also finds as utterly blasphemous the opinion of the other union (AUPWU) in equating the PSLMC Rules and Regulations (which can be amended at any point in time for reason) and that of the Holy Bible (containing the very word of God could be change or amended). Thus as a matter of penance to the other union, we fervently pray that the Mediation-Arbiter exercised her better judPOSITION PAPER On a mere technicality, at the preliminary conference: IN RE: PETITION FOR CERTIFICATION ELECTION OF THE RANK-AND-FILE EMPLOYEES OF ALL UP WORKERS (AUPWU) versus ORGANIZATION OF NON-ACADEMIC PERSONNEL OF THE UNIVERSITY OF THE PHILIPPINES (ONAPUP) docketed as BLR-O-CE-25-12-11-13 held at the BLR Conference Room, 6th Floor, Wing C, BF Condominium, Soriano Cor. Solano Streets, Intramuros, Manila on January 22, 2014, and by the citing relevant provisions in the Amended Rules and Regulations Governing the Exercise of the Government Employees to Organize (ARR) pursuant to Executive Order 180 series of 1987, and the mere fact that the ONAPUP were not able to meet the required number of signature support for the PCE, among others, that Mr. Felix Parinas, the National President of AUPWU, with the strong back up support of twelve (12) AUPWU Officers, has gallantly and with confidence, made the motion for the outright dismissal of the petition for certification election, with the following additional manifestations, and narrations to the floor, to wit: 1. That their union the AUPWU has already commenced the negotiation for a new proposal of package of benefits with a 2-inch thick signature shown to the Mediation-Arbiter with the claim as representing strong support or about 70% of their members; 2. That as regards REPS classification, and contrary to the ONAPUP’s letter request for PCE to the DOLE-BLR dated December 10, 2014, AUPWU corrected that the REPS as well as the Faculty are not covered in the bargaining unit sought to be represented; 3. That the said 2-inch thick proposal will be incorporated under a new collective negotiating agreement (CNA) wherein which a scheduled labor and management council meeting with UP System Administration slated on the 29th January 2014; 4. That they (AUPWU) had received words from UP Vice-President Maragtas S.V. Amante on the need for the postponement of the said meeting until the resolution on the petition for certification election has been heard and resolved at the DOLE-BLR; 5. That they (AUPWU) then made a bold conclusion and in effect cast aspersion on the person pushing for the petition certification election as only but time consuming exercise that may adversely affect on the old CNA, albeit delay and/or in the suspension of benefits in the University of the Philippines; 6. That the Holy Bible is being likened to the PSLMC Rules and Regulation, a copy of which was brought in the conference by the Mediation-Arbiter claiming the latter should command reverence and strict adherence by the letters. The lone representative, Mr. Danilo G. Walo, National Secretary (ONAPUP), conceded to the fact and offered no denial that indeed ONAPUP were not able to get the 20% signature support requirement per ARR of EO 180. Mr. Walo manifested that the signature support for the PCE was not achieved due to some factors and unfolding events during the freedom period such as distance separating various university campuses and ultimately some time constraint, among others. Mr. Walo has shown the Mediation-Arbiter, some signed documents that were not attached to the petition and proffered during the conference, pleadings that the same be included with prayers that the petition be dismissed not, on the basis of the mere technicality alone as the sole reason. Attached to this position paper are some more signed petition that were not included in time for the submission of the PCE, the numbers of which may not be sufficient enough to warrant the mandatory conduct of a certification election. In this regard, this position paper is submitted with prayer requesting for the waiver of the Section 4 (e) of Rule IX (Certification Election) in ARR of EO 180 and grant ONAPUP some relaxation of said rules in as much as the other union (AUPWU) were somehow a party in frustrating the efforts of the ONAPUP in gathering many signatures. This matter became evident when Mr. Parinas manifested and presented with braggadocio to the Mediation-Arbiter their (AUPWU) their 2-inch thick proposal for a new CNA during the conference commenting that the same has the 70 % support and ready for presentation in the schedule meeting with the UP Administration. An issues has been raised at this point which the ONAPUP would like to bring to the attention of the Mediation-Arbiter, that the other union (AUPWU) has indeed and in fact fashioned a fantastic tactic by simultaneously and with such stealth like manner initiated with gusto their own version of a signature gathering campaign, and within the freedom period for that matter, purportedly and allegedly for the purpose of getting the support of members for an new package of benefits for incorporation and amendment to the current collective negotiating agreement with the university. Based on the attached copies of communication between the University and the DOLE-BLR, the university is indeed suspending its schedule meeting the other union (AUPWU) as narrated by Mr. Parinas during the conference with some consternation. This was confirmed by no less than the UP Vice-President Amante to Mr. Walo last Thursday, January 23, 2014 over the phone that the reason was that the postponement was in difference to the on-going processes at the DOLE-BLR as regards the ONAPUP petition at the advice of the Office of the Vice-President for Legal Affairs, with the assurance that the old CNA shall remain in force and effect while awaiting for the final and new CNA. ONAPUP hopes that the good Mediation-Arbiter finds merits in the foregoing position papers, and also finds as utterly blasphemous the opinion of the other union (AUPWU) in equating the PSLMC Rules and Regulations (which can be amended at any point in time for reason) and that of the Holy Bible (containing the very word of God could be change or amended). Thus as a matter of penance to the other union, we fervently pray that the Mediation-Arbiter exercised her better judgment in favor of the petition for certification election. gment in favor of the petition for certification election.
Posted on: Mon, 27 Jan 2014 05:25:04 +0000