Davao City – Regional Conciliation and Mediation Branch 11 settles labor dispute at Lead Export and Agro-Development Corp.-Evergreen Plantation Operations on July 21, 2015.

“In today’s conciliation conference, the management reiterated its position to reinstate complainant-union member Roger Namar to his former position without backwages but with payment of unreleased proportionate benefits for 2013”, according to ConMed Reyes who facilitated early resolution of the case.

“In view of the management pronouncement, Mr. Namar moved to withdraw this case because of his stood pat in claiming for reinstatement with payment of backwages from November 2013 to present which the Union also agreed,” ConMed Reyes added.

On April 24, 2015, Evergreen Farms Inc. Workers Union filed preventive mediation case against the Lead Export and Agro-Development Corp.-Evergreen Plantation Operations on the ground of unfair labor practice (ULP) for alleged grave abuse of management prerogative and attorney’s fees.

The case was then docketed as RCMB-XI-DDS-PM-04-009-2015.

The issue raised by the Union is relative to the retrenchment program of the management which was implemented sometime in November 2013 that affected one of its union member, Roger Namar.

According to the management, said retrenchment program was part of the companywide cost-cutting measures due to the reduction on the volume of bananas to be packed–and as a result they need to close Packing House No. 100.

Mr. Namar pointed out that his assignment was in Packing House No. 28 and not in Packing House No. 100 which he considered that his retrenchment as grave abuse of management prerogative that is a violation of the CBA provision.

The Union proposes as settlement of this case that complainant-union member be reinstated to his former position and the release of Mr. Namar’s unclaimed 13th month pay and other benefits.

But in the subsequent conciliation conference, there was a change in Mr. Namar’s position and instead of reinstatement only without backwages, he now claims for full payment of his backwages.

“I wish to move to withdraw this case, though I still have intention to pursue this on my own in the proper forum like in the NLRC,” according to Mr. Roger Namar as he expressed his gratitude for the Union for its unwavering support.

Evergreen Farms Inc. Workers Union, affiliated with Associated Labor Unions (ALU), represents the 40 rank-and-file members for collective bargaining purposes. It is headed by Mr. Veronico Pamisa, union president.

Meanwhile, Lead Export and Agro-Development Corp.-Evergreen Plantation Operations, engaged in planting and exporting premium quality Cavendish bananas for international markets, is located at La Libertad, Sto. Tomas, Davao del Norte. It is represented by Mr. Hernani Geronimo, Strategic Human Resources and Shared Services department head.# (Dennis M. Galorio, LIO)