Considered as one of the culprits in the continuous declining both in Union membership and the number of workers covered by the CBA, is the entry of globalization. Structural changes and developments in global job market, changing form of labor relations, new technology and system of work, sprouting of workers willing to work at any cost(underemployed, underpaid employee), have all contributed a lot into struggle of organizing unions to foster visions as vanguard of worker’s right. It is further exacerbated by the increasing competition and capital mobility, contracting of the manufacturing sector, expansion of services sector, and growing employers’ resistance to unionization in the guise of “union avoidance policy” and poor enforcement of labor laws. It is true the labor code primarily supports trade unionism but it seems limited to code of rules wrapped by spider web due to inability to strictly implement it. The worst is, it only covers those in the formal sector. These all contributed in union organizing inertia and adversely affect membership commitment.

However, noted is the fact that labor union movers themselves have also contributed a lot in the declining of union membership. The weakening efforts on their part to organize and extend union representation to informal sector and non-traditional sector like women, professional, technical, consultants, agents and white collar employees have absolutely contributed to the decline in union share of the workforce. Additional is the fact that prevailing model of collective bargaining in the country encourages inter-union rivalry because of the rigidity of the process that redounds to the strict rule on technicalities. Time is of the essence on the part of workers as it may delay and might even hamper the negotiations during the period of union rivalry in the struggle to emerge as the sole bargaining agent. According to the 2007 data of the Bureau of Labor Relations, the Philippines have 10 national trade union centers and 128 federations. In 2008 statistics, there were 17,305 unions covering 1.9 million workers. Out of the huge number of unions only 1,456 CBAs have been concluded covering only 227,000 workers. Furthermore, in the unorganized industry there are 15,758 workers association with a total membership of 576,000 workers and have also 129 Collective Negotiations Agreement (CNA) covering around 29,000 workers. Careful perusal and analysis of the data would show that only one in ten unions would able to represent the interest of the workers. CBAs cover only 227,000 workers out of the 37 million Filipinos comprising the whole labor force. With the number of Unions it suggests a thriving labor movement. However, according to 2002 paper of Dr. Rudolf Traub-Merz, he explained that the number actually indicate weakness because they show that the labor movement is highly fragmented. According to Prof. Virginia Teodosio’s assessment, as written by Alicor L. Panao; Unions used to fight for the basic rights of workers but over the time they ended up becoming dynasties of leaders who never step down. Families have assumed a significant role in union politics and oftentimes, as in traditional local politics, family members inherit positions within trade unions. This practice is in itself antithetical to the very concept of union democracy. It not only leads to infighting among leaders but also triggers FRAGMENTATION, especially when members begin pressing for change.            

In as much as the bulk of economic activities are occupied mostly of those in the informal sector, contracting out of work and outsourcing, trade union organizing and bargaining continues to become more inadequate. According to Prof. Jorge Sibal, “recent changes in market and economic forces have made work individualized which defeats the purpose of collective bargaining. It is as if work were returning to the system observed in the craft guilds of old where workers were paid based on actual work they could put out”.  

One of the most and common reason of declining union membership is the increasing Employer Opposition to Unionization in the guise of union avoidance policy. This policy seems to be a clandestine tactics comprising of the following; (a) the use of outside consultant, (b) sending anti-union letters, (c) discharging of workers for union activity, (d) enlistment of supervisors, (e) increase of wages during organizing campaigns, (f) change in benefits unilaterally (could be over and above the standard and what the CBA can conclude), (g) lay off workers during campaign, (h) promote key union leaders, (i) bribery, (j) assist organize rank-and-file anti union committee, (k) hold social events with anti-union message, (l) media campaign, (m) intervention in certification election and (n) management restructuring after petition.

Another glaring clandestine tactics is the creation of law-sanctioned economic zones, industrial parks and regional industrial centers. Many companies prefer to put up business inside the zones to avoid unionization. As a proof, export processing zone in Mactan, Baguio City and Subic continue to be union free with the exception of Cavite Economic zone where numbers of unions were successfully established. No union no strike policy is strictly implemented in the zones.       

Irrespective of the Labor Code’s promotion of free trade unionism and further declaring company policy on “anti-union” illegal, the law on the other hand declares policy on “union avoidance” legal that contributed a lot into the continuous decline both in the number of union membership and CBA coverage. By the continuous weakness of the labor movers, workers tend to be uninterested in joining unions. The weight of ball would certainly lean in favor of the management to consider them as the dominant interest group. Bargaining negotiations will no longer do any favor to the workers negating the very purpose of the labor law. This is considered as the implied attack on labor laws. Noted is the fact that there were no labor law reforms undertaken to indicate support to trade unionism. If there is any it would lead to diminishing of the capability of the labor laws to protect workers and instead increase mobility of capital and labor and increase rising influence of foreign direct investment due to globalization (Frost 2003).

One of the main reasons of labor law is to uplift and promote trade unionism. However, with the continuous decline in its membership and CBA coverage, said reason tend to diminish; thus, considered such law as a mere scrap of paper with no binding effect at all. Legalistic maxim said when the reason of the laws ceases to exist; the law also ceases to exist.

Building a positive union image is a very important factor to maintain the unionism from surging. If union influence in the workplace is reduced, union image and appeal would be adversely affected which would definitely lead to falling. Decline in union membership means decline in union influence in the workforce. As union membership decline, internally generated resources, through union dues and fees, likewise diminish limiting union organizing drives and labor actions.

Union is considered to be a catalyst in promoting social justice as supposedly effective partner of the government and other non-government organization. However, with the current passive situation of trade unions it is far from reach.

Interesting and appealing effect of declining unionism is the emergence of COOPERATIVE. This is an autonomous association of peoples voluntarily united to meet their common economic goals and aspiration through a more democratically controlled enterprise. Thus, as part of structural change cooperative seems to serve as the alternative worker organization. Cooperative on the other hand discourages a rivalry since most of the members are co-owners.       

There may be unending remedy for every cycle of changes but the equilibrium of power relations as advocated by the labor relations would eventually be shaken. One party may emerge as the dominant powerful actor. Level of interaction in the form of negotiations, competition, compromise and conclusion will not be balance but can be controlled and dictated and as such there will be no power relations. Democracy of interactions is highly at risk. Socialist perspective of labor exploitation will be intensified since bargaining leverage is no more to sort with, instead labor will just sort to negotiations which will be in a value of a request. There may be participation but more on manipulation.

With the recent development of labor movement in the country it would seem that unionism is nearly coming to extinction and bound to become a thing of the past. However, as long as there is a need to uphold social justice, trade unions is still relevant.

What comes in your mind when you encountered the word “scoundrel”? One of which is mischief which means misbehavior, naughtiness, monkey business, waywardness etc.

Last October 5, 2009 I had to conduct project site visit in Mindanao. I took my flight via Cebu Pacific Manila-Gensan route. I spent the night and felt the aroma of Phela Grande Hotel because the Royal Hotel where I used to stay was fully booked-Occupied by Christian Bautista & Erik Santos’ entourage. When I disembarked from the airplane I astoundingly wonder what Christian was doing there-he was just walking beside me while going out of the departure area. I just noticed lately that October 5 was the opening of the JG summit’s Robinsons Mall in General Santos City.  One day after, I travelled to Digos City. After having a meeting with our personnel assigned there I decided to go through Davao City and spend the night over there.

That was my 2^nd time to visit Davao City. The first was 5 months ago but that was just a dropped by since I went through and through to Digos City that night.

While riding in the Taxi I proved that the strictness of Mayor Duterte was a fact and not just surmise. I saw no garbage around (unlike Metro Manila), no smokers around – there is designated smoking area, no beggars around and the best is no pickpocket and snatchers. Visitors and strangers can walk freely even during night time without fear that somebody might snatch them. Police visibility is all over the whole city and mind you they are all friendly, courteous and ready to assist anybody. Traffic violators are really apprehended and fined (siguro kasi dahil walang MMDA sa Davao). With these traits Davao City has you would really think that Apollo Quibuloy is right by saying that Davao City is the new paradise in the earth worthy to live for.

One thing that really caught me a lot is the implementation of the non-smoking city ordinance. If somebody caught smoking inside any public utility vehicles faces imprisonment and fine. “Recidivist” often get “terminated” if they won’t change (Sana ganito rin sa Maynila).

But don’t you know despite these good traits Davao City has, the good mayor did not totally get rid of all “scoundrel”. Understandable is the fact that he is not monitoring every corner of the city 24/7.

During my one day sojourn I happened to stay at Sampaguita Hotel, considered as 3 star hotel, just located at the downtown heart of the city. To my stun I found out few stuff inside – bed, table and television. I immediately picked the intercom up and asked the reception, do you not have towel, slippers, soap, shampoo, toothbrush, dress hanger and other basic necessities? The answer I got was “we have all of them sir, but you have to deposit an amount”. What? I shockingly replied. To not make any further discussions I deposited an amount. After a few minutes, I opened the television to monitor the conditions of typhoon Pepeng. To my dismay there was no remote control. I picked again the intercom up and asked the reception and the lady again told me to deposit an amount to get the remote control. My gosh, what kind of hotel did I checked-in. Everything is for cash deposit. Is this setup taught in the HRM Schools?

Well, I am not undermining the fact that management prerogative is protected power bestowed upon the management. However, it doesn’t necessitate sacrificing the services given to the customers & guests considering the nature of a hotel business.

Personally I consider such set up a big SCOUNDREL.

Two (2) decades ago the industry was at its peak despite perceived unregulated operations that according to critics and oppositionists dragged to environmental disturbance. Unmindful of the flashback, I wasn’t born at that time, Benguet’s economy boomed at its best until producing a piece of land inside its topographic area to be the country’s summer capital. Undoubtedly speaking it cannot be set aside that mining industry has something to do with it. The country’s mine regulating law at that time seemed vulnerable to abuse by a large sacle mining operator but never heard of such contrary. What was too much sensationalized was the bad effect and the good effect has never been commended. Natural cycle of catastrophic phenomenon may come and go.

Pre-war saga, the world experienced economic recession to the effect of going down to great depression. Neither America nor europe saved the world from happening of such. Drowning Australian and new Zealand economy were saved by the opposed mining industry and because of such were considered to be one of the world’s developed economy as of this time. They are the living proof that agriculture and mining can co-exist at the same time. Because mining is being upheld and supported by other nation, emergence of another promising and flourishing economy in the likes of Indonesia and Papua New Guinea is seen.    

Going back to the Island of the Philippines. To assure non-laxity on regulations, the philippine congress passed a new Mining Law that intensified the assumed passive provisions of the old one. It is depicted and assured on its provision to upheld “Sustainable Development through Responsible Mining”. Legal battle went through and through to the effect of even challenging said law up to the highest court of the land. However, as manifested in the land mark jurisprudence of WMC (now SMI owned by Xtrata) in South Cotabato and of APMI’s FTAA (now Oceanagold) in Nueva Vizcaya, constitutionality and legality of Philippine Mining Act was overwhelmingly upheld. Now comes 2nd wave of world economic recession, most of industries in the country, icluding mining & construction, are greatly affected. To appeased nationwide panic the gov’t is clandestinely trying to convince us that we are not affected. My dear countrymen please open your eyes and dont just rely on the unverified statement of politicians - you might not know we are just being preyed to justify their caprices. To say the least, thousands of employees of Intel in Cavite, thousands of EPZA workers in Cavite, Laguna, Batangas are now nowhere to find job after being retrenched. Figures and datas cannot stand against this strong proof that our economy is really affected.

So what now?… Mining Industry is just “support” away from us. Like Australia, New Zealand, China and Indonesia we can be saved by the Thriving Mining Industry. We have huge uncultivated and minable areas. 

Note: This is just my opinion that can incite different reactions. Cheers.

Will Kap. (tagalog for Bro.) Eddie Villanueva make it for the second chance? This is the most  vulnerable questions among proetstants and other born again christian groups nowadays. In a presidential derby, where count by plural and not by majority is common, survey are one of the most basic and effective way of perceiving the winability of the applicant – this is termed use by the recent PMAP exercise for national positions wannabies.

For the past fews months concocted surveys, but later became reality, had been condicted all over the country. Noli and Villar maintained the top 2. That was before the announcement by NoyNoy. That series of survey shows no name of Kap. Eddie. Indubitably, and even proven for the past, that surveys are 90% accurate. Most of the top 3 makers get the position either b y the no. 1, no.2 or no.3

In preparation for the 1998 presidential election, Erap Estrada maintained top 1 in the survey followed by then Speaker Jose De Venecia. Right after the election the exact result of survey came to pass. In 2004 election, FPJ occupied the top 1 in the survey followed by Gloria Arroyo, Pwing Lacson, ? ? ? ? and lastly by Kap. Eddie. The same scenario, after the election, the same result – although Gloria Wins although doubtful. But the saga was…..  the top three made the real top 3 with the exchanging of FPJ & Gloria’s position. Kap. Eddie was in the last position in the surveys and exactly the same position he landed after the election.

We – am referring to Born Again Christian groups, – can disproved that survey is not only the sole measuring factor by embracing the TRUE AND GENUINE UNITY. Why did Eddie loss despite prophesy that he would win? The answer is definitely…. he failed to unify Born again christians. Why? Because Christian leaders are just like lawyers and judges that do not realize and accept their failure and often think that they are the only brilliant thoelogian. This is a clear manifestation that the part of ecclesiastical ministry in shaping the bureaucracy is not by joining the politics but by developing and finding a righteous leader.  The bible is crystal clear to say GIVE TO CAESAR WHAT IS DUE TO HIM and the constituTion to say LET US HONOR THE SEPARATION OF CHURCH AND STATE.

I happen to had discussions with some pastor-politician and often get their ideas of joining politics through biblical character in the person of NEHEMIA who served as Governor while serving as Prophet. This is often misconstrued and interpreted by many to advance their interest. Old testament era is not the same as of today. Jesus Christ teachings had already vanished control by the law but instead by the GRACE.

Going back to Kap. Eddie. My question is, with the number of Born Again christians in the country can they make a president? (I am not undermining the power of miracle) The answer would be YES and NO.

For the YES answer. 

They can, provided they embrace a unifying vision setting aside personal agenda. Just like the INC, they are very much fanatic to their top minister.

For the NO answer.

They cannot because Born again christians are not endoctrinated of such. Bishops, Pastors, Reverends-as discussed aboved-cannot really open their mind for unity.

 There are a lot of participation we can do to help this country thrive. It is just around us. What we need is to deepen more our vision.

DESPITE PRO-UNION PHILIPPINE INDUSTRIAL SYSTEM HAS, NON-UNIONISM IS PREDOMINANT
Irrespective of the Labor Code’s promotion of free trade unionism and further declaring company policy on “anti-union” illegal, the law on the other hand declares policy on “union avoidance” legal. It paved the way for the companies to strengthen the management as the dominant interest group to suppress formation of union. In as much as Pluralism Theory of Industrial Relation is concerned the two interest group, management and labor group, would think ways to strengthen each group in order to get the dominant power to come up with end result which is establishment of union, for the workers, and avoidance of union, for the management. Each actor is championing its own interest.

In the present set up non-union system is more dominant than that of with union for the following reasons;

1. The Management offers benefits over and above what Collective Bargaining in the union can achieve. This is the most and common ways within which to suppress formation of union in the guise of “avoidance of union” policy. In reality this is a clandestine trick of being an anti union because the workers have no rights to bargain and instead just keep their nod to what the management may dictate. Sometimes workers are being threatened of lower benefits if they form a union. In this sense, as pluralism theory, the dominant is the management. As Marxist would always say this setup is very much exploitative of the workers right to decent, safe and better working conditions.

2. Most of union leaders are being controlled by the management. In the guise of pro-union policy the management may allow formation of union in the enterprise but with their intervention. They tend to control the process as well as the leaders. As a result, leaders are actually working and negotiating for the interest of the management. This is known as the management established union.

3. Union is being confederated. There is no more an independent union for each industry. It has been confederated in one national union. This setup is vulnerable for political control to the effect that the negotiation might be controlled by one person. The right of the certified bargaining unit in one enterprise to freely bargain is being encroached by the national confederation and thus would disunite workers.

4. Process in the Certification Election is very rigid. The process itself sometimes is the problem in a sense that it is ruled by technicalities. Should there be non compliance with the requirements negate the approval and formation of a union. This put workers in a passive side to establish and form a union.

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