August 5, 2010
The 1,600 members of the Flight Attendants’ and Stewards’ Association of the Philippines (FASAP) got an injunction from the Regional Trial Court of Makati yesterday against Philippine Airlines plan to implement the flight attendants retirement age policy at 55 according to the 2000 collective bargaining agreement (CBA) between the airline and the FASAP which expired in July 2007 for being discriminatory.
In 2004, Some 600 female members of FASAP filed a class suit against the airline company for gender discrimination. Judge Oscar Pimentel of the Makati Regional Trial Court Branch 148 issued a Writ of Preliminary Injunction "to prevent serious damage and irreparable injury to its flight attendants as a result of purported gender-based discrimination.
FASAP is also trying to stop PAL to implement the retirement age policy of newly hired flight attendants at 40 years old, saying they were compelled to sign the agreement against their will for fear of losing their job.
In 2010, PAL has retired a total of 14 flight attendants pursuant to the policy, and 10 of whom were hired prior to November 1996 and are thus covered by the injunction order.
PAL spokesperson Cielo Villaluna countered that the compulsory retirement age provision were binding as it went through the legal process during the collective bargaining agreement negotiations undertaken in November 2000.
The 1,600 members of the Flight Attendants’ and Stewards’ Association of the Philippines (FASAP) got an injunction from the Regional Trial Court of Makati yesterday against Philippine Airlines plan to implement the flight attendants retirement age policy at 55 according to the 2000 collective bargaining agreement (CBA) between the airline and the FASAP which expired in July 2007 for being discriminatory.
In 2004, Some 600 female members of FASAP filed a class suit against the airline company for gender discrimination. Judge Oscar Pimentel of the Makati Regional Trial Court Branch 148 issued a Writ of Preliminary Injunction "to prevent serious damage and irreparable injury to its flight attendants as a result of purported gender-based discrimination.
FASAP is also trying to stop PAL to implement the retirement age policy of newly hired flight attendants at 40 years old, saying they were compelled to sign the agreement against their will for fear of losing their job.
In 2010, PAL has retired a total of 14 flight attendants pursuant to the policy, and 10 of whom were hired prior to November 1996 and are thus covered by the injunction order.
PAL spokesperson Cielo Villaluna countered that the compulsory retirement age provision were binding as it went through the legal process during the collective bargaining agreement negotiations undertaken in November 2000.
"No one’s forced them to sign that provision," Villaluna said.
Under that agreement, male and female flight attendants hired before November 1996 were required to retire at 60 and 55. Male and female flight attendants hired after 1996 are required to retire at 45 while those hired after 2000 should comply with the compulsory retirement age of 40.
Despite being served with the injunction order last July 30, PAL has not given flight schedules to the 10 flight attendants which is contrary to what the court order says.
Aside from the age issue, FASAP is also contesting the sex discrimination policy of the airline and the non-entitlement of maternity benefit to its members, contrary to the claim of Bautista, PAL President, for its medical benefit.
FASAP is also planning to file a notice of strike after PAL refused to bargain collectively with them, three years after their labor agreement expired.
According to its president Roberto Anduiza, PAL has been bargaining in bad faith with them by not cooperating in the mediation process as they refused to submit economic proposals which should have been the basis for new economic provision in the CBA.
HOW ABOUT THE THE 1,400 WORKERS WHO WERE LAID OFF IN 1998? THIS SHOULDN'T BE LEFT BEHIND AND SHOULD BE PRIORITIZED NOW.
ReplyDeleteI AM THE DAUGHTER OF ONE OF THOSE FLIGHT ATTENDANTS IN PAL WHO HAD BEEN LAID OFF AND UPTIL NOW SOME ALREADY HAVE PASSED AWAY AND THIS ISSUE HAD NOT BEEN RESOLVED YET.