A LABOR group is seeking a reinvestigation of Kepco-Salcon Power Corp.’s termination of supervisor Lowell Sanchez, Joe Tumungha of Nagkaisa told Cebu Daily News that the investigation panel should not come from the management nor the union.
“The reinvestigation before was solely conducted by the company. There was no balance. At the end of its investigation, he (Sanchez) was terminated,” Tumungha said.
Tumungha accompanied Sanchez last Tuesday to the National Conciliation and Mediation Board (NCMB) for the continuation of conciliation hearings.
A notice of strike was filed last June 4, two days after Sanchez was officially terminated from his job.
Tumungha said they are considering the options given by NCMB Regional Director Edmundo Mirasol.
These are to choose between an investigation conducted by voluntary arbitration or compulsory arbitration.
For the voluntary arbitration, three arbitrators accredited by the Department of Labor and Employment (Dole-7) will be selected to investigate.
There are at least 40 voluntary arbitrators, who are recognized by the NCMB.
The hearing will still be held at the NCMB office.
For compulsory arbitration, an appointee from the National Labor Relations Commission (NLRC) will investigate the matter. Hearings will be conducted at the Regional Arbitration Branch 7.
“If the investigation will be through voluntary or compulsory panel, the notice of strike filed before our office will not be effective anymore because the case is conducted in a separate forum. Forum shopping is not allowed,” Mirasol said.
Also present during last Tuesday’s conciliation meeting aside from Tumungha and Sanchez were lawyer Alan Fontanosa, chief legal officer for Kepco management, and Judith de Leon, Kepco’s human resource officer.
“The rule of law should be followed. They already know the consequences,” said Fontanosa , referring to strike plans of Sanchez and others.
Mirasol said the conciliation meeting between the two parties will continue today.