15 February 2007

After being illegally dismissed on June 2002, union member Sherwin Robosa received the National Labor Relations Commission’s decision on his illegal dismissal case, which ordered management to reinstate him and to pay his backwages worth Php 135, 242.63, on January 21, 2004.

Robosa started working as a production operator in the firm on May 7, 2001, receiving a measly Php 237 a day. Japan Circuit Technology (JCT) is a Japanese manufacturer of Printing Circuit Boards (PCBs), which are exported to Japan and Hong Kong. JCT is located in the Cavite Economic Zone. Everyday, From day 1 of his employment, Robosa had heard his 149 co-workers’ laments on their working conditions.

“We are given only thin masks as personal protective equipment. The masks are not proper since there are hazardous chemicals in the firm. Also, we do not enjoy the legal leave,” Robosa said.

These encouraged workers to form a union. They filed the union registration on January 25, 2002 and submitted a petition for certification election on March 12, 2002.

After the union was formed, forced overtime was no longer implemented and management improved the fire exit, which used to have a too narrow doorway.

Management struck back the union. Union officers and members were no longer allowed to work overtime, while non-unionists were rotated into two shifts. Other unionists were transferred to other departments, while some were illegally dismissed. “Our union president was dismissed allegedly because he failed the job evaluation (job evaluation had never been done in the company before). “The truth is I was dismissed because I did not resign and accept the separation pay the management offere,” Robosa shared.

Robosa was among the union members who were transferred to other departments. He was assigned in the packing department a few months before he was dismissed. “It was hot in that department,” Robosa complained. On May 16, 2002, he was called to the office of the personnel manager and was given a memo of suspension. “ They told me to go home even though I haven’t finished my work yet. They said I should wait for the management’s call for investigation,” he said. Eventually, he was terminated allegedly for theft of the company’s confidential files.

He said he took the contact number of a buyer listed on the delivery list; he never stole any of the company’s files. “Management told us that the buyers would back out once they learn that there is a union in the company. I saw the list posted on the wall and took the name and number of the buyer so I could call them and check if what the management said was true. I had no wrong intentions.” The union filed an illegal dismissal case for Robosa on June 18, 2002.

Robosa worked as a construction worker after he was dismissed. He endured the hardhat job, while clinging to the slim chance that he will get back to JCT. The union is waiting for Robosa’s return to the company.

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