A glimmer of hope emerged Thursday that could lead to the reopening of the Dumaguete Port. 

The National Labor Relations Commission Fourth Division based in Cebu City has denied the Motion for Reconsideration filed by the Cipres Stevedoring and Arrastre Services Inc. Employees Union ALU-TUCP, seeking recognition as the collective bargaining agent of the Dumaguete port workers.

In a three-page resolution dated March 31, 2008, Commissioners Aurelio Menzon, Oscar Uy and Violeta Ortiz-Bantug said that the Collective Bargaining Agreement of the CISAI ALU-TUCP expired on June 30, 2004 and had not been renewed.

The NLRC said that the new cargo handler, Prudential Customs Brokerage Services Inc. cannnot be obliged to assume the obligations of the previous cargo handler because the expiration of the CBA ended whatever rights and obligation the CISAI and its union may have had during its existence.

The union had filed a case for recognition as the collective bargaining agent for PCBSI, citing a provision in the Terms of Reference issued by the PPA for cargo handlers which required them to absorb all the workers of the previous company.

The NLRC, however, said that the TOR cited by the union also states that additional provisions may be incorporated in the contract of cargo handling services depending on the requirements of the services and the factors obtaining in the port, subject to bidding.

"The provisions of the TOR as cited by complainant are not conclusive upon Prudential...and merely compose the general terms as the same may be expanded or revised according to the conditions set forth therein," the NLRC said.

The union had declared a strike against the PPA and barricaded the entry and exit gates of the Dumaguete port, preventing the PCBSI from discharging its functions.

An attempt by the police to serve a 20-day temporary restraining order against the union members last Saturday resulted in violence as the union members, shielded by their wives and children, refused to budge from their position.

This led the PPA to decide to close the Dumaguete port indefinitely.

The PCBSI welcomed the NLRC decision.

Joel Obar, PCBSI counsel, said he has written Mayor Agustin Perdices to request that the police disperse the mass action or assembly of the previous cargo handler's union at the entrance and exit gates of the port.

Obar said that only the assurance of a peaceful and tranquil passage through the thoroughfares leading to all the gates of the port will warrant the lifting of the port closure order.*AP   

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