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/
Best Restaurant in Clark Pampanga unveils regional dinner menu featuring the classic cuisine of Italy, all designed to pair nicely with fine vintage wines from Italy’s wine regions such as Tuscany, Piedmont, Veneto and Sicily, one more reasons for food and wine lovers to travel to Angeles City, Clark Philippines to satisfy their thirst for a wonderful meal at a fine dining restaurant, the best place to eat in Pampanga.
Yats Restaurant is the best restaurant for special dinner, best restaurant for dinner with friends near Manila, also the best place to celebrate special events.
Famous Restaurant in Pampanga, a place to dine with friends in Clark, cozy restaurant with a nice ambience, a nice function place for special occassions
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The new regional set menus rolled out recently by the best restaurant in Clark Pampanga stirred up renewed interest among visitors from Manila for real fine dining treat in Clark Pampanga as wine lovers from Subic, Tarlac, Manila, Angeles City, Clark Pampanga Philippines wine and dine at Yats Restaurant to enjoy good food paired with fine vintage wines from the wine cellars of this highly recommended resto bar in Pampanga
Are you looking for an attractive restaurant or a nice place to eat with friends in Clark, Angeles City Pampanga? Yats Restaurant and Wine Bar is a restaurant with good food and good wines for dinner located at Clark Angeles City Pampanga. Perfect for exclusive dinner venues for groups, recommended for private dinner in Philippines. A Restaurant in Clark for business dinner meeting. Private dinner place or dinner restaurant in Clark Subic Near Manila Angeles City Pampanga. Yats Restaurant is one of the Good Restaurant in Pampanga Angeles City Clark near Manila. Yats Restaurant is one of the good restaurants in Pampanga, a restaurant with good food, a place that is nice for celebration, ideal for business dinner meeting, a good place to enjoy family reunion, and an attractive restaurant that serves good wines for dinner.
Visitors come from Manila, Angeles City, Pampanga, Subic and Clark Philippines to enjoy a sumptuous seafood dinner at Yats Restaurant. Many guests order excellent white wine from the award-winning restaurant wine list of this famous fine dining restaurant in Clark. Favorite wine orders for guests in this restaurant include Chablis, Chassagne-Montrachet, Sancerre, Chardonnay of Chile’s Casa Lapastolle, Sauvignon Blanc from New Zealand and South Africa, Rose from Anjou, Pinot Noir from USA and Burgundy France and the all-time favorite, Meursault. A wide range of sparkling wine and Champagne is available also in this restaurant in Pampanga which is famous for its selection of vintage wines. Popular choices of guests in this restaurant include Paul Bara Champagne, Crement de Bourgogne, MUMM Cuvee Napa Sparkling wine, Prosecco and Cava.
For comments, inquiries and reservations click on Click here for inquiry and reservations
Restaurant@Yats-International.com
(045) 599-5600
0922-870-5178
0917-520-4401
Ask for Pedro and Rechel
Getting to this fine dining restaurant of Angeles City Clark Freeport Zone Pampanga Philippines
How to get to this fine-dining restaurant in Clark Pampanga? Once you get to Clark Freeport, go straight until you hit Mimosa. After you enter Mimosa, stay on the left on Mimosa Drive, go past the Holiday Inn and Yats Restaurant (green top, independent 1-storey structure) is on your left. Just past the Yats Restaurant is the London Pub.
Yats Restaurant & Wine Bar
Mimosa Drive past Holiday Inn, Mimosa Leisure Estate,
Clark Freeport Zone, Pampanga, Philippines 2023
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
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