The president of the Labor Union of Tanduay yesterday said the complaint filed by Tanduay Distiller's Inc. against them is a desperate move to harass and destroy the union because they are questioning the alleged anomalies of the management.

Teofilo Agravante said they have not yet received a copy of the complaint filed against them before the Provincial Prosecutor's Office by TDI manager Roberto Salvador and only learned about it from the newspaper.

A complaint for 54 counts of estafa through falsification of commercial and private documents was filed Friday by Salvador against warehouse supervisors Johnny Kho, Jun Micabel, and Rolando Uy; warehouse custodians Teofilo Agravante, Ramer Puyogao and Jose Joel Macaya; former warehouse custodian Jerry Java, production bottles custodian Rommel Niepes, Alfonso Verdeflor, a subcontractor of Park Enterprises and a former employee, and a certain J. Golez, as driver of fraudulent deliveries.

In his complaint affidavit, Salvador said he has discovered 54 cases of fraudulent deliveries of second hand Tanduay bottles which resulted to business losses amounting to P2,816,755.20.

He said that after personally conducting an investigation, he found the 10 persons mentioned to have conspired and confederated to commit the crime of estafa through falsification of commercial; and private documents.

Salvador said he found out that the accused falsified their commercial receipts to make it appear that there was delivery of second hand empty bottles in order to claim payment. The acts complained of were committed from January to Dec. 5, 2007 , he said.

He said the 54 cases of fraudulent deliveries were paid, causing TDI to suffer actual damages amounting to P2.8 million.

Agravante, in a phone interview, said the complaint against them are all allegations. He said there is currently a dispute between the management and the union and the case against them is a form of harassment and may be a cover-up so that the alleged anomalies of the management will not be investigated. He said TDI has the image of being a union buster.

Agravante claimed that their case they won against the management in the Court of Appeals is now being reviewed by the Supreme Court.

The LUTE also filed a notice to strike last month before the national Conciliation and Mediation Board to dramatize their protest against alleged repressive measures imposed by the management of TDI-Bacolod.

Agravante said the case against them is one tactic to distract them from pursuing their notice of strike. He said this is a diversionary tactic because the union has exposed the anomalies of the management and there is an investigation being conducted at the plant level. He added that they are also placed under preventive suspension because of the alleged P2.8 million loses.*CGS

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