The Labor Power Council-Negros, an ally of the Labor Union of Tanduay Employees, has scored the Tanduay Distillers Inc.-Bacolod Plant based in Murcia for alleged unfair labor practice.

Teofilo Agravante, president of LPC-Negros Ad Hoc Council, said in a statement that TDI refuses to bargain with their union even if the Department of Labor and Employment has certified LUTE as the sole and exclusive representative of the workers. TDI management doubts that the union has legal personality to represent the workers, but the question has been substantially settled, said Agravante, who is also president of LUTE, which has 63 members.

Roberto Salvador, plant manager of TDI Bacolod, however, told the DAILY STAR there are still unresolved cases thus, the management could not start talks with the union.

"Nasa courts pa, we're waiting for the decisions," he said in a telephone interview.

He said the certification election protest filed by TDI is still pending before the Court of Appeals, as with the appeal filed by Agravante's group before the Supreme Court on its decision sustaining the decisions of the National Labor Relations Commission and the appellate court, favoring the TDI position.

Salvador said the TDI management cannot on the demands of the union until all legal issues are resolve, adding that if they will start negotiating with LUTE, they would be violating the law.

He also refuted Agravante's claim of unfair labor practice, considering that their employees, he said, are being paid above the minimum wage rate and enjoy all benefits prescribed by the law.

"We also don't dismiss employees easily, and without valid reason so what unfair labor practice are they talking about?" Salvador said. LPC-Negros said in its statement that LUTE is a duly registered labor organization based in Brgy. Minoyan, Murcia. The union won the certification election on Nov. 27, 2003 and was declared by the DOLE as the bargaining agent of the TDI-Bacolod rank-and-file employees.

TDI filed an election protest but the Bureau of Labor Relations upheld LUTE's legitimate personality on Dec. 2, 2003, and the decision was affirmed with finality by the DOLE on Jan. 20, 2004. This was followed by a resolution issued by then Secretary Patricia Sto. Tomas on May 18, 2004.

LPC-Negros said the TDI has been disregarding the Collective Bargaining Agreement proposal of LUTE because of the decisions of the NLRC and CA 4th Division on the petitions and motions for reconsiderations favoring TDI.

This constitutes an unfair labor practice, the group said, adding that "the process of forming a union is an uphill struggle in a corporation owned by Lucio Tan, whose wealth, power and influence is a stuff of legends."*NLG

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