Fearing further bloodshed and destruction of property, the Philippine Ports Authority yesterday ordered the temporary stoppage of operations at the Dumaguete City port starting today.

The directive, which comes on the heels of a melee between striking union members of the port and the Dumaguete City Police Saturday, came from general manager Oscar Sevilla.

Sevilla said the decision was approved by top PPA officials in an effort to prevent further bloodshed and destruction of properties the port, and to ensure the security of its employees.

Port users can no longer do business at the Dumaguete port unless the ongoing strike that has resulted in millions of pesos in losses ends, Dumaguete port manager Renato Tolinero, who received the closure order from Sevilla at 5:30 p.m. said yesterday.

Because Sevilla's order came after office hours, Tolinero said he will issue an official notice to the public on the first working hour today.

“I believe this is the best solution to the labor dispute. This is the best action that the PPA management can take to push concerned agencies and other stakeholders to move faster and resolve the strike at the Dumaguete port,” Tolinero said.

The strike began in September last year when the 175-strong union members were not absorbed by Prudential Customs Brokerage Services Inc., the winning bidder for the port cargo handling in the port, although it was part of the Collective Bargaining Agreement between the workers and their former employer, the Cipres Stevedoring and Arrastre Inc.

CBA EXPIRED

Raul Merecido, the Dumaguete PPA officer-in-charge, said the CBA expired in 2004 and the firm is no longer existing.

Joel Obar, PCBSI legal counsel, maintained that the employment of porters is a management prerogative. He added that a CBA is a product of a negotiation between the management and the union, and it would be unfair if his client will be bound to something to which it did not agree.

The dispute at the port has resulted in the paralyzation of the arrastre and stevedoring services in the area and brought damage to the economy of the province of Negros Oriental and Dumaguete City, local officials said.

TRO ISSUED BY NLRC

Last week, the National Labor Relations Commission Fourth Division in Cebu issued a 20-day temporary restraining order to prevent the strikers from obstructing a public street, and effectively denying free ingress to and egress from the port premises.

But a melee erupted when the Dumaguete City Police enforced the TRO Saturday, prompting the Police to file charges for frustrated homicide, direct assault against a person in authority, and damage to property, among others, against the strikers who caused violence, police chief Supt. Leopoldo Cabanag said yesterday.

COPS, STRIKERS INJURED

Police officers injured when they enforced the TRO were SPO4 Rodrigo Tubog, PO3 Orlando Gonzaga, PO1 Peral, deputy chief of police Senior Insp. Rodolfo Serrano, SPO1 Alfred Silbosa and PO1 McArthur Masicampo.

On the side of the strikers, injured was Sabanal, among others.

Both sides claim, the other started the throwing of objects. Video footages showed that while the pushing was going on, it had remained manageable, but when objects were thrown, coupled with provocative statements, it became uncontrollable prompting the police to retaliate by using their sticks.

Damage to properties is still being assessed, with at least three vehicles of the police having smashed windshield.

Cabanag refused to divulge their next move.

MASS ACTION TO GO ON

Sabanal said they will continue with their mass action whether “legal or illegal”, for survival, even if they have been advised by ALU-TUCP to express their sentiments within the bounds of law.

Union officials also said they will comply with the restrained actions under the TRO, but cannot totally control the actions of members, especially the women and children.

Provincial police director, Senior Supt. Melvin Ramon  Buenafe, said the PNP will await further guidelines from higher offices.

He stressed they will not be committing the same mistakes of ignoring the presence of sharp objects. The violence happened, he said, because the police was banking on the sobriety of the strikers whose placards were converted into weapons against them.

In response to criticisms that he was lenient, Buenafe said, “What do you think (would have) happened if I was not lenient? More collateral damage could not have been prevented.”

MALACAÑANG, LABOR REPS SENT

Aside from Transportation and Communication Undersecretary Ma. Elena Bautista, who was sent by Malacañang last week to settle the issue, Labor and Employment regional director Elias Cayanong was instructed to maintain industrial peace at the port of Dumaguete.

He met with Buenafe yesterday morning to coordinate on their moves.

On the other hand, National Conciliation and Mediation Board conciliator Edmundo Mirasol said he finds it very difficult to come up with a win-win solution and had been conducting a shuttle diplomacy since March 12, negotiating with both parties to come up with agreements.

Mirasol said the NLRC sheriff is arriving today to enforce the law, and continuous monitoring is being conducted.*JG

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