BROKENSHIRE COLLEGE EMPLOYEES STRIKE:
A justified cause for the betterment of the Institution
WE, Brokenshire College Faculty and Staff Union staged our strike on May 3, 2013 after the Brokenshire Administration implemented illegal termination of 11 Clinical Instructors (C.I.’s) and members of our union on the basis of redundancy.
The redundancy as claimed by the administration is baseless, illegal and unjust. The cause of their action was based purely on a presumption that the number of nursing students in the coming school year would not suffice to the ratio of faculty and student needed in the nursing program.
The said basis is nothing but baseless and illegal. The number of nursing students could not be determined as early as now because the enrollment for the coming school year has yet to start. More so, under the law, redundancy “exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise...” It is in this light that the redundancy program as implemented by the administration comes illegal because the actual requirement of the school as demanded by law is absent.
To note, the Union and the Administration forged a Collective Bargaining Agreement last February 11, 2013 but on March 22, 2013 the latter served individual termination notices to the 11 C.I.s based on the aforementioned cause. The Union felt betrayed of this treacherous act because never did the Administration discuss their intention during the entire negotiation.
Aside from the legal defect of the cause for termination, the administration did not also heed to the alternatives that were presented by the Union. The Union proposed that some of the affected C.I’s could be temporarily assigned to teach subjects related to their field, instead of giving the subject to part-time instructors. Also, toying to Administration’s projected number of students, the same, the current total 22 C.I.s are just exact if the Faculty to Student Ratio will be based on the existing practice of the school. The reason why there would be over manning as the Administration proclaimed because they adjusted the Faculty to Student Ratio by adding students to the ratio.
Even after series of mediation conferences called by the National Conciliation and Mediation Board, still the Brokenshire administration, headed by its President Rev. Leopoldo Naïve, remains cold hearted.
Worse, even there are on-going mediation conferences, the Dean of the College of Nursing is at the same time continuously blackmailing some C.I.s that they will be blacklisted if they would support the strike.
Because of this cicumstance, the Union is obliged to assert the basic rights of its members, to protect their security of tenure and preservation of the Union. More so, this struggle is also a quest for social justice in the institution. The redundancy, not only illegal but also just a sheer scheme aims to bust our union, hence compelled us to protect ourselves from this unjust action of the Administration.
The Union would like to appeal to all the stakeholders of the United Church of Christ in the Philippines and to its hierarchy, to look and act immediately on this matter. This unlawful and unruly termination of our colleagues is already a clear deviation to the statement of faith, more so to the vision, mission and goals of the Church. It is also high time to dig more on this matter, we perceived that this ill-plan in crushing the Union is designed to cover-up the anomalies and irregularities in the Institution.
The Union would like to reveal that Tens of Millions were wasted in the failed Brokenshire Learning System investment. More so, the dubious manipulation of the Financial Statement of the school is also worth to examine. The Restricted Funds were transferred from Assets to Liabilities to make it appear that the school is experiencing a nose-dive deficit. However, the Union discovered that the school is very much financially stable with current Retain Earnings of more than P 170 Million and Investments worth more than P 70 Million to negate the argument that the school is financially constraint.
The Union would also like to appeal to the students and to their parents understanding. We don’t want to jeopardize the classes and services of the institution. But because of this predicament that we are facing, we are left with no choice but to stand for justice, rights, and reformation of the system in Brokenshire. Hence, we are calling to the Brokenshire community to support us in our struggle not just to recall the illegal termination of our colleagues but also to make changes in the Institution. #
<!--[if !supportLists]-->· <!--[endif]-->RECALL THE ILLEGAL AND UNJUST TERMINATION OF 11 CLINICAL INSTRUCTORS!
<!--[if !supportLists]-->· <!--[endif]-->RESIGN TOP MANAGERS OF BROKENSHIRE COLLEGE!
<!--[if !supportLists]-->· <!--[endif]-->INVESTIGATE THE ANOMALIES AND IRREGULARITIES IN BROKENSHIRE COLLEGE!
· RESPECT THE RIGHT OF THE WORKERS TO UNIONIZE!
<!--[if !supportLists]-->· <!--[endif]-->UPHOLD THE DIGNITY OF LABOR!
BROKENSHIRE COLLEGE FACULTY AND STAFF UNION-ASSOCIATION OF DEMOCRATIC LABOR ORGANIZATIONS- KILUSANG MAYO UNO (BCFASU-ADLO-KMU)