Señeres urged to fast
track cases involving seafarers
HUNDREDS of seafarers, who have pending cases for claims
of benefits at the National Labor Relations, urged the government to fast
track the resolution of their cases saying “habang tumatagal ang aming
mga kaso, lalo kaming nawawalan ng pag-asang makakuha ng benepisyo (it
is taking the government too long to decide on our cases… we’re beginning
to lose hope).
Responding to the clamor of seafarers, UFS president Nelson
P. Ramirez called on NLRC chairman Roy V. Señeres to “optimize the
use of voluntary arbitrators in hearing cases filed before NLRC.”
Ramirez noted that there are about 800 voluntary arbitrators,
trained and accredited by the National Mediation and Conciliation Board
of the Department of Labor and Employment. “However, only 150 of these
voluntary arbitrators are given assignments, the rest are simply idle,”
he said.
According to Ramirez, an estimated 50,000 complaints are
filed with the NLRC each year. A considerable number of these complaints
come from seafarers, he added.
Ramirez explained that with 50,000 cases filed each year
and some 150 voluntary arbitrators plus the in-house arbitrators of NCMB
and NLRC there's no way that these cases could all be resolved.
"Thus, a significant number of these cases pile up, causing
a backlog that accumulates each year," he said.
As regards maritime-related cases filed with NLRC, Ramirez
said there are 29 voluntary arbitrators who possess expertise in handling
these cases.
"If the NLRC will farm the maritime-related cases to these
experts, then the volume of cases handled will be significantly reduced,"
he said.
Dean Froilan Bacungan, an accredited voluntary arbitrator,
supported Ramirez' suggestion, saying that it would also facilitate the
resolution of cases.
He explained that by giving assignments to the "idle voluntary
arbitrators," there would be a greater number of cases attended to and
resolved.
"If all of the 800 voluntary arbitrators are given their
respective assignments, then we may not see any backlog at all," he said.
Besides, why did the government spend for the training
and accreditation of voluntary arbitrators if they will not be used at
all, he added.
Meanwhile, the NLRC chair recently inducted the officers
of the Philippine Maritime Voluntary Arbitrators Association (PMVAA).
In his speech, Señeres stressed the important contribution
of voluntary arbitrators in resolving labor disputes.
At the same time, he vowed to look into the possibility
of referring cases filed before NLRC to maritime voluntary arbitrators.
The first set of officers of PMVAA are: Atty. Ruben T.
Del Rosario, president; Atty. Romeo S. Occeña, vice president;
Moises B. Ypon Jr., secretary; Engr. Generoso Mamaril, treasurer; Capt.
Maximo T. Hernandez, auditor; Atty. Pat D. Menzon, spokesman; and Atty.
Froilan M. Bacungan, Dr. Cicero D. Calderon, Atty. Nicanor A. Magno, and
Capt. Gregorio Oca as advisers.
Elected as members of the board of directors are Atty.
Allan A. Montano, Atty. Ruben T. Del Rosario, Ernesto M. Buenaseda, Capt.
Maximo T. Hernandez, Atty. Romeo S. Occeña, Engr. Generoso T. Mamaril,
Sebastian P. Taneo, Vicente F. Aldenese Jr., Atty. Pat Menzon, Capt. Amado
V. Romillo, Atty. Jesus S Diamonon, Atty. Manuel T. Collado, Atty. Alfonso
C. Atienza, Capt. Constantino L. Arcellana Jr., and Moises B. Ypon Jr.
The formation of the PMVAA was conceived in view of a
Memorandum of Agreement between the POEA, the National Conciliation Mediation
Board (NCMB) of the Department of Labor and Employment, various manning
organizations and different unions in July 1999 where it was agreed that
claims, disputes and controversies should be referred to voluntary arbitration.
Also, the Amended POEA Contract which became effective
on June 25, 2000, mandates that claims and disputes should be referred
to voluntary arbitrators should there be a CBA. However, if there is no
CBA, a party has the option to file his case with the NLRC or with the
voluntary arbitrators.
During his inaugural address, newly-elected president
Ruben T. Del Rosario outlined his plans for the year. Among these, he said
are the incorporation of the association, liaising with various organizations
to promote voluntary arbitration, and strengthening the ethical standards
of voluntary arbitrators.
Rosario, including other members of the board, unanimously
approved the suggestion of Ramirez asking the NLRC to allow members of
PMVAA to handle arbitration of all maritime-related cases.
As a result they drafted said letter and handed it to
Señeres after the program.
Early last month, a group of NLRC arbitrators were given
an orientation tour on board M/V Pacific Trader berthed at the Manila International
Container Port.
The orientation tour was led by Tony Galvez, president
of CrewServe, who personally gave the voluntary arbitrators a glimpse at
the different aspects of operating a ship, from the job of a master mariner
to an apprentice mate and from a chief engineer to a an engine cadet.
Galvez said some of the participating arbitrators, who
have never boarded a ship, were very curious and engaged him in a lengthy
question and answer.
A representative from Lubeca Shipping, Mr. Peter Borchers,
was also on hand to provide details on the features of the cargo ship.He
was assisted by Capt. Carlos Anacta of German Marine Agencies Inc.and Albert
Gomez of Filimare. |
