Last September 22, 2008, jubilant workers at Muntinlupa’s Bleustar Manufacturing and Marketing Corporation (BMMC) – a manufacturer of Advan footwear and their supporters rejoiced over a victory following a two-month strike in what everyone expected to be an end in delayed salaries and benefits, company’s refusal to recognize their union and long years of sexual abuses from the hands of their employers.
The expectations of workers, 85% of whom are women’ represented in their newly formed Bleustar Workers Labor Union (BWLU) were doused with cold water when the Memorandum of Agreement (MOA) that they signed with BMMC at the National Labor Relations Commission (NLRC) was wantonly violated by their employer.

Except for the reinstatement of illegally dismissed 43 leaders and workers, nothing from the provisions of the agreement was implemented such the payment for the long-overdue bonuses and backwages, union recognition and start of negotiation for Collective Bargaining Agreement (CBA) in March.

Workers at BMMC also complained that company practices have gone worst. Payment of their salaries are delayed for 12 days, their employer’s counterpart social security system (SSS) and PAG-IBIG (housing) contributions are three months delayed, and forced leave cases are common. As the union held noise barrage, ribbon-wearing, at grievance delegations, the management imposed disciplinary actions. And with no recognized militant union to lead the fight for their rights, women workers remain vulnerable to groping, kissing and other indecent invitations by Ong.

It could be recalled that upon signing the MOA, the workers did not pursue the sexual harassment cases against Mr. Jimmy Ong even with the heaviest of heart, in an effort to maintain harmonious relations between the union and the company.
Instead, of complying, the company began prodding other workers and supervisors to dissociate themselves from BWLU simultaneous to refusing to bargain or talk with the union. The management insisted that the union must get a Certification as Sole and Exclusive Bargaining Agent (SEBA) from the Department of Labor and Employment before any talks must start.

“This is not just plain excuse by the management but a clear violation of the agreement, not to mention a violation of the workers’ right to freedom of association as enshrined in the ILO Conventions 87 and 98 which the Philippines agreed to implement”, said Ms. Daisy Arago, Executive Director of labour rights organization, CTUHR.
Whilst the DOLE is sitting with BWLU application for certification, the management is busy organizing a company union to undermine the BWLU. BWLU noted that DOLE’s person responsible for issuing the certification is often suspiciously absent or cannot be located, pushing the union to strongly suspect that DOLE’s inaction is in cahoots with Bluestar Manufacturing management’s efforts to undermine the BWLU.
BWLU members are unfazed and promise to continue holding protests at the DOLE and NLRC until their rightful demands are addressed by the management and the government.

BMMC produces roughly 5,400 pairs of Advan-branded rain boots and 2,700 pairs of shoes every day distributed locally. Its biggest buyer is the SM chain of department stores. It employs 205 rank-and file workers, 85% are women, five (5) supervisors and less than 10 office personnel. It is located in Wilmark 2, RMT Industrial Complex, Tunasan, Muntinlupa city, Metro Manila.#

Reference: Daisy Arago, CTUHR Executive Director

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Center for Trade Union and Human Rights
702 Culmat Bldg, 127 E. Rodriguez Avenue
Quezon city, 1112 Philippines
Telefax No. 632.4110256
email:ctuhr.philippines@gmail.com
website: www.ctuhr.org