Xavier Ateneo Bulletin
CAGAYAN DE ORO CITY, Philippines — Xavier Ateneo has appealed for understanding and called for solidarity as it resolves a labor dispute with one of the existing unions in the university.
“It is unfortunate that despite XU’s efforts in exhausting all means and measures possible to avoid a labor dispute, the XU Non-Teaching Employees Labor Union (XUNTELU), an affiliate of ALU-TUCP, has still voted to go on strike on March 15 onwards,” said XU President Fr Mars Tan SJ.
Fr Mars shared in his memo that he is “deeply concerned about the repercussions of the strike on the university's operations and services to our students in the flexible learning set-up, including the emotional and financial impact on our employees, the community, and other stakeholders.”
He asserted that the union leadership should think first of the education of more than 13,000 students of XU over and above the personal interests of two employees (former XU Grade School clerk and an officer from XU Admissions and Aid Office).
“Sadly, the issue is heightened by external forces who are concerned with neither the mission of Xavier Ateneo as an academic institution nor of the security of the majority of our employees, except to advance their narrow interests and agenda.”
Fr Mars added: “In fact, union leaders have threatened to paralyze XU's operations if the said employees would not be reinstated, thereby exposing their real agenda which is definitely not the welfare of the majority of their members and the education of the XU students and pupils.”
XU has assured that in the event of a strike, the school is prepared with its business continuity plan for the “non-stoppage” of classes and other university operations and to ensure the safety and security of its employees on all of its campuses.
Labor issue and VA decision
The XU Human Resources Office has detailed in an open letter on March 4 the chronology of events leading to the XUNTELU strike vote.
In the original petition, the XUGS clerk has alleged an unfair labor practice (ULP) by XU management.
Xavier Ateneo said that since December 2020, it has reached out to offer the XUGS clerk available jobs under the Flexible Work Arrangements (FWA), which she denied and rejected three times. By the time she agreed to take the offer during their conferences at the National Conciliation and Mediation Board (NCMB), the work was already given to another furloughed union member.
Her petition also included her reinstatement to her old position at XUGS Macasandig, which XU considers “untenable” due to the consolidation of the grade schools and the closure of the Macasandig campus.
On October 27, 2021, after more than a year of grievance meetings and appeals before the NCMB, the Voluntary Arbitrator assigned to settle the case rendered its final decision in favor of XU.
On January 21, 2022, seven days after the Separation Notice was issued to the XUGS clerk, she communicated with the XU management that she was elected president of XUNTELU and the AAO officer as union treasurer.
The XU-HRO Open Letter said that the separation was by an authorized cause: “[XU] had a right and prerogative that was in good faith validly exercised at the time the notices were served on January 14; that it was the position or job that was declared redundant and the holder or employee is merely incidental; that the election as union officer of the occupant does not alter the redundant status of the position.”
Fr Mars also explained, “Flexible work arrangements started two years ago and followed all the rules and pandemic-related labor advisories by the Department of Labor and Employment (DOLE).”
“ALU is raising the issue of furlough, which was not in the original petition, because the case involving the XUGS clerk and an officer from the XU Admissions and Aid Office (AAO) was not strong enough to convince other XUNTELU members and it has put the rest of the non-teaching staff in a very disadvantaged position. This led to the confusion and disappointment of some union members.”
Xavier has given the XUGS clerk her full pay for Jan 16-Feb 28, including one month’s pay per year of service and a generous Grant-In-Aid package for three years for her dependents.
‘Healing of broken relationships’
XU Grade School Principal Fr Frank B Savadera SJ, in his memo to the XUGS community on March 1 said, “At this point, we claim that XU subscribed faithfully to government guidelines related to work circumstances during the pandemic and the VA decision affirmed this point of view.”
Fr Mars iterated that the XU management has been balanced in the exercise of their managerial prerogative at the height of the global pandemic and transition to the new normal.
“As part of Xavier Ateneo’s identity as a Filipino, Catholic, and Jesuit University, we aim to promote a healthy and harmonious labor-management relationship, where XU employees can flourish and whose rights are upheld,” the XU President said.
He also expressed his gratitude towards the XU community members who continue to trust the school administrators to lead the university.
“With your strong support and fervent prayers, the University leaders and I are determined to work hard for the resolution of this issue and the healing of broken relationships — all in the service of our educational mission.” ∎
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The Department of Labor and Employment (DOLE) has issued an Assumption of Jurisdiction Order over the labor dispute between Xavier University and XU Non-Teaching Employees Union (XUNTELU), an affiliate of ALU-TUCP.
The DOLE Order, issued on Wednesday, March 16, has an immediate effect of enjoining any intended or existing strike, lockout, or concerted actions by the parties.
“We are grateful that DOLE has recognized the importance of the University as an educational institution, and that any disruption in our operations will prejudice our learners and the general public,” XU President Fr Mars Tan SJ said.
DOLE cited in its Order that any work stoppage in the University would result “not only to the loss of means of living but also the unavailability of the much-needed educational services to the prejudice of its clients, particularly the students, and the public in general.”
The said order, signed by DOLE Acting Secretary Philip Paredes, added: “At this point, it is worthy to note that when efforts of the government are largely focused on preserving the economic gains already achieved and ensuring that employment levels are maintained and even enhanced, it is the utmost concern of this Office to avoid work stoppages, particularly so when there are alternative mechanisms in place to resolve the parties’ differences.”
The labor dispute between the XU management and XUNTELU involving the separation of two employees is now subject to “immediate compulsory arbitration” before the National Labor Relations Commission (NLRC).
In an earlier memo of Fr Mars released on Monday, March 14, he said that the XU management will continue to “work hard for the resolution of this issue and the healing of broken relationships — all in the service of our educational mission.”
“As part of Xavier Ateneo’s identity as a Filipino, Catholic, and Jesuit University, we aim to promote a healthy and harmonious labor-management relationship, where XU employees can flourish and whose rights are upheld,” the XU President said.
Fr Mars also expressed his gratitude towards the XU community members who continue to trust the school administrators to lead the university in the midst of a global pandemic and financial challenges.
“It is with fervent prayers that this labor dispute between the University and XUNTELU will immediately be resolved as we move forward toward a better Xavier Ateneo which is the mission primarily entrusted to us.”
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