The Department of Labor and Employment is now conducting garnishment proceedings on the bank deposits of the Negros Oriental 11 Electric Cooperative to ensure payment of P15.9 million in backwages to 181 of its employees.

DOLE Region 7 officer-in-charge, Elias Cayanong, in a phone interview said his office has already notified several NORECO 2 depository banks in Dumaguete to put on hold deposits of the electric cooperative.

Garnishment is a "process in which money or goods in the hands of a third person which are due a defendant, are attached by the plaintiff; such as property controlled by a third person which is owed to or belongs to a debtor is used to repay a debt of the debtor…"

"This is to make sure that the back wages of the employees will be paid," Cayanong said.

The garnishment stemmed from the issuance by DOLE Sec. Patricia Sto. Tomas of a writ of execution last March 31, mandating the enforcement of the Supreme Court decision in July 2004, awarding P15.9 million backwages to the employees who staged a strike in 1997, following a deadlock in the negotiation of the Collective Bargaining Agreement.

The amount covers the salaries of the workers belonging to the NORECO 2 Employees Union - ALU from September 1997 to September 1998 - the strike period.

The secretary of DOLE assumed jurisdiction of the labor dispute in March 1998. Under the law, the DOLE secretary may assume jurisdiction on labor cases in public utilities, such as electric cooperatives since it affects the stability of the nation.

Cayanong said NORECO 2 has a maximum of 60 days from the issuance of the writ of execution to pay the backwages. If no payment has been made after that, the garnished amount will be used to pay its obligation.

Dionefred Macahig, NORECO 2 finance manager, said the cooperative has filed a motion for re-computation, saying that three of those awarded with backwages were dismissed from the service on causes not related to the labor dispute.

Macahig also disclosed that at present, the cooperative has P6 million that can immediately be used to pay the backwages, hinting that should the amount awarded by the court to the workers is not changed, the cooperative might negotiate with the employees, on how the management can comply its obligation in a manner that will not affect the stability of the firm.

Cayanong has indicated willingness to sit down with both the management and the workers, if necessary, to help come up with an acceptable ways to address the concern.

"We don't want also that the services of the cooperative will be hampered. So, this is one consideration that must be looked into," Cayanong said.*RA

back to top