A Negros Oriental judge said he believes that the National Labor Relations Commission has no jurisdiction over the labor dispute at the port of Dumaguete.

Regional Trial Court Branch 34 Judge Rosendo Bandal Jr. said during the 7th regular meeting yesterday of the Metro Dumaguete Peace Advocates that it is foolish to secure an injunction from NLRC in the absence of an employer-employee relationship between Prudential and the strikers.

“I think one of the reasons why PCBSI’s legal counsel Joel Obar withdrew the petition for injunction is that NLRC has no jurisdiction over the case, but (it is) within the competence of the regular courts of justice which are the regional trial courts,” Bandal said, but stressed that this is just his personal opinion.

Bandal also said he believes the comprehensive bargaining agreement invoked by the strikers has no legal significance. Realizing that there is no basis for them to insist that they still retain their employment status, Bandal said, the picketers also withdrew their petition for the issuance of a temporary restraining order filed before his sala.

He said the CBA contract invoked was for a period of five years starting 1999. And, assuming that there is that CBA contract, it has already prescribed after five years, he added.

As to criticism against the police after the bloody confrontation two weeks ago, Bandal said disruption of cargo handling activities inside the port and the strikers move in occupying the port facilities was, indeed, the fault of the Philippine Ports Authority.

Bandal said, “If there is that failure, the proper thing to do is to replace the port manager for his inability to do his task.”

The port area is the concern of the PPA, the police cannot just actively disperse them without any violence because they are not allowed by law, he said.

In fact, the TRO earlier issued by NLRC should have been enforced by the PPA port police, Bandal said.

He said the police can only interfere in the event of violence and that their presence is simply to maintain peace and order.

TECHNICAL MALVERSATION

Meanwhile, the city government was treading on dangerous grounds when it offered to hire and shoulder the salaries of 118 laborers who are conducting a picket at the port area, he also said.

Bandal said the proposal would amount to technical malversation, and reminded the mayor of possible criminal prosecution for violation of the anti-graft law.

Bandal said Mayor Agustin Perdices may have good intentions, but this is not legally possible.

The proposal was one of six points agreed on by members of the crisis committee formed last week to deal with the port crisis.

The first was the postponement of police action for 30 days, and for PPA to take over the operations while negotiations are being held in Manila.*JG

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