LABOR DISPUTE. The first page of the order issued by Secretary Bienvenido Laguesma of the Department of Labor and Employment, assuming jurisdiction over the labor dispute between the Central Negros Electric Cooperative (Ceneco) and the Ceneco Union of Rational Employees after both parties failed to resolve issues related to the distribution utility’s proposed joint venture agreement with a private entity. In the order, the DOLE chief summoned both parties to a conference at its central office in Manila on Aug. 7, 2023. (PNA Bacolod photo)
BACOLOD CITY – The Department of Labor and Employment (DOLE) has summoned officials of the Central Negros Electric Cooperative (Ceneco) and the Ceneco Union of Rational Employees (CURE) to a conference at the Office of the Secretary in Manila on Aug. 7 after the agency assumed jurisdiction over the labor dispute between the two parties.
The order to assume jurisdiction, signed by Labor Secretary Bienvenido Laguesma on July 28, was issued after both parties failed to resolve issues related to the distribution utility’s proposed joint venture agreement (JVA) with a private entity.
"To expedite the resolution of the dispute, the parties are directed to appear at the initial conference before this Office on Aug. 7, 2023," the DOLE chief said.
On Wednesday, it was business as usual at the Ceneco office after the strike set to be staged by the union on Tuesday did not push through following the release of the DOLE order.
"We will adhere (to) with the order," Ceneco general manager Arnel Lapore said in an interview.
Mayor Alfredo Abelardo Benitez welcomed the directive of the labor department, saying it is needed so as not to hamper the operations of Ceneco.
“It is probably deemed necessary because we cannot allow Ceneco workers to go on strike. That is a public utility and there is no way that it will stop operations,” he said.
In a five-page order, Laguesma said that “(d)ue to the nature of the company’s business and the industry in which it operates, as well as the disruptive economic and social impact, a work stoppage may case, this Office finds the urgency to exercise its discretionary power under the Labor Code, and thereby to assume jurisdiction over the instant labor dispute”.
“Accordingly, any intended strike or any concerted action is automatically enjoined,” he added.
The labor dispute stemmed from the impending JVA between Ceneco and Negros Electric Power Corp. (NEPC)/Primelectric Holdings, Inc., which the union “mainly alleges will cause the termination of employment of all its officers and members", the DOLE said.
The CURE also “maintains that the company’s recognition of Marbie Cabardo as the acting union president constitutes an interference despite the executive board’s resolution sustaining the impeachment of Ms. Cabardo as vice president and subsequent appointment of Romwel Jerez as acting union president”.
For its part, the Ceneco management “argues that the contentions of the union on the dismissal of the employees are premature”, adding that “the JVA is still subject to the approval of members-consumers-owners through a plebiscite.”
“As to the alleged interference with the union’s internal affairs, the company maintains that it is negotiating with Ms. Cabardo pursuant to the March 27, 2023 order of the mediator-arbiter. It contends that Ms. Cabardo will continue to act as the acting union president as a result of the promotion of the previous union president to a supervisory position,” it added.
On July 4, the National Electrification Administration (NEA) suspended for up to 60 days the conduct of the plebiscite for the proposed JVA as Administrator Antonio Mariano Almeda told the Ceneco officials to “verify and confirm” the accuracy of the voters’ list to ensure that only those eligible to vote are included. (PNA)
