CDC workers win CBA case DOLE arbiter upholds Clark union’s rights
CLARK FREEPORT— The Accredited Voluntary Arbitrator of the Department of Labor and Employment has upheld the Constitutional rights of employees’ union of the state-owned firm here and resolved collective bargaining agreement in favor of the workers.
In the dispositive section of the 10-page promulgation of AVA, Froilan M. Bacungan stated that: “Wherefore, premises considered, the Accredited Voluntary Arbitrator resolves to issue a decision favorable to the members of the Association of CDC Supervisory Union in recognition of their Constitutional Right to Collective Bargaining and Negotiation as provided in Article XIII Sec. 3 of the Constitution.”
“Such approval (referring to the disputed provisions of the CBA) should be presumed considering the Labor Code provision: Art. 4. Construction in favor of labor. All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor,” said Bacungan in the dispositive page.
Bacungan, former College of Law dean of the University of the Philippines, also disputed the claims of the Government Commission of GOCC (GCG) that the AVA has no jurisdiction of the labor case filed for voluntary arbitration.
“This conferment of jurisdiction under the Labor Code was not amended by Republic Act 10149 under its General Repealing Clause nor by Executive Order No. 7 series of 2010,” the decision said. GCG is being chaired by Sec. Cesar Villanueva, former College of Law dean at the Ateneo de Manila University.
Bacungan said that the “Labor Code is in nature of a special law. This pronouncement long upheld by the Supreme Court. On the other hand, RA 10149 is in the nature of general on GOCCs. The rule is that on specific matter the special law shall prevail over the general law, which shall be resorted to only to supply deficiencies in the former.”
“In addition, where there are two statutes, the earlier special and the later general—the terms of the general broad enough to include the matter provided for in the special—the fact that one is special and the other is general creates a presumption that the special is to be considered as remaining an exceptional to the general, one as a general law of the land, the other as the law of a particular care.”
He also furthered that “it is a canon of statutory construction that a later statue, general in its terms and not expressly repealing a prior special statute, will ordinarily not affect the special provisions of such earlier statue.”
The ACSP and CDC management agreed to have the case brought to an AVA to resolve the issue on the non-implementation of the CBA, which was approved by CDC and its Board of Directors last March.
But in a letter, GCG Chair Cesar Villanueva told CDC Chair and OIC Eduardo Oban, Jr. that “CBAs between employees and GOCC employers may no longer be negotiated.”
Villanueva also stated in the letter that AVA has no jurisdiction over the labor case that ACSP and CDC submitted to the voluntary arbitrator following the non-resolution of the case which was brought to the National Conciliation and Mediation Board, who the suggest to ACSP and CDC to have the case submitted to AVA for resolution.
Bacungan cited that “any law to the contrary, notwithstanding, no GOCC shall be exempt from the coverage of the Compensation and Position Classification System developed by the GCG under RA 10149.
Presently, there are two CBAs that have yet to be implemented: the agreement between the rank and file union of CIAC which has yet to be implemented despite its signing in 2010; and the CBA of the supervisory group of CDC, which was the subject of Villanueva’s letter.
http://www.headlinegl.com/cdc-workers-win-cba-case-dole-arbiter-upholds-clark-unions-rights/
The best getaway destination vacation spot near Manila convenient safe and accessible is Clearwater Beach Resort in Clark Pampanga.
Event organizers and companies in Manila travel out of town to the north to hold their team building events and company outings in a good resort in Pampanga. Clearwater Resort located in Clark is well regarded as one of the best venues for team building near Manila. This is also one of the best resorts in Pampanga that offers good picnic spots near Manila.
Quiet place for rest and relaxation near Manila, in Subic, Angeles City Pampanga and Clark Philippines is something that residents of Manila travelling to the north for a short getaway are looking for. Clark is already a popular destination for golfers from Manila. Clark Freeport offers some of the best golf courses in Pampanga and outshines many golf clubs and golf courses elsewhere in the Philippines. Clark Pampanga offers many good resorts and hotels for a short trip out of Manila, and Clearwater is one of the best places to relax and unwind for a weekend getaway or a short holiday in Pampanga.
This private resort in Pampanga is a frequently visited vacation spot outside of Manila. Included in the list of resorts highly recommended for families with children visiting Clark Philippines is Clearwater Resort located conveniently in the central business district of Clark Freeport which is accessible from Manila.
Free internet WIFI access is offered to guests of this famous hotel in Clark Pampanga. Guests can even connect to Internet WIFI service near the white sand beach, by the famous lake of Clark or in any of the picnic grounds around this resort. This hotel in Clark Philippines is generally considered by Manila residents to be a good place for family trips in Pampanga.
Clearwater Resort is generally regarded as one of the best holiday spots near Manila. Highly recommended summer vacation destination outside Manila is Clearwater Beach Resort in Clark, a safe and convenient tourist spot that offers natural ambience for visitors to enjoy the outdoors with no stress. Private resort is frequently visited during Holy Week and Easter Holidays for residents of Manila travelling out of town on getaway to the north to unwind and relax in outdoor resort.
During holy week, Easter holidays, Christmas, New Year, Halloween and especially the Clark Hot Air Balloon Festival, Manila residents travel out of town to the north to relax and unwind at this famous resort in Pampanga. Clearwater Resort is the hotel in Clark that visitors prefer for family bonding and team building outside of Manila.
For inquiries and bookings, Please click here to contact Clearwater Resort for inquiries and reservations now
Clearwater Resort and Country Club, Clark Pampanga
Creekside Road near Centennial Expo,
Clark Freeport, Pampanga Philippines 2023
(045) 889-5151 0917-520-4403 0922-870-5177
Joanne or Jeremy or Loydha
Getting to this lake and beach resort in Pampanga Angeles City Clark Philippines
After entering Clark Freeport from Dau and Angeles City, proceed straight along the main highway MA Roxas, passing the stand-along wine shop called Clark Wine Center on the right, continue to bear right making no turns at all, go past Mimosa Leisure Estate on the opposite side of the road, one will hit a major intersection. Go straight and the road becomes Creekside Road. YATS Clearwater Resort and Country Club is on the right just 200m down.
http://www.ClearwaterPhilippines.com
Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 Rea or Chay
Email: Inquiry@ClearwaterPhilippines.com
Please click here to contact Clearwater Resort to reserve a venue for your upcoming event now
Wedding couples looking for wedding reception venues and beach wedding venues can log on to this Philippines Wedding Venue web site for free information and assistance:
http://www.PhilippinesWeddingVenue.com
While in Clark, it might be a good idea to enjoy an evening of wine-and-dine in the fine dining Yats Restaurant and Wine Bar that features an award winning 2700-line wine list. It is located in Mimosa Leisure Estate of Clark Freeport Zone. For more information, visit http://www.YatsRestaurant.com
YATS Leisure Philippines is a developer and operator of clubs, resorts and high-class restaurants and wine shops in Clark Angeles Philippines http://www.YatsLeisure.com
While in Clark, one might as well add to the itinerary a visit to the famous Clark Wine Center, the largest wine shop in Philippines which offers over 2000 selections of fine vintage wine from all wine regions, vintages spanning over 50 years covering all price ranges.
http://www.ClarkWineCenter.com
Looking for famous tourists spots, places to visit and see, relax and unwind in Clark, Pampanga, Philippines? You may want to check out these sites also:
http://www.HotelClarkPhilippines.com
http://www.ClarkPhilippines.com
http://www.YatsWineCellars.com
For jobs and business investment opportunities in the Philippines please visit http://www.yilp.com
Hot Line for what’s happening in Clark: 045 889-5151 or 0927-940-2669 ask for Loydha
0915-542-6250 (Jeramie)
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