DOLE favors Kito Mendoza over Boy Herrera in TUCP presidency row; elections set

By TUCP
July 14, 2013

QUEZON CITY – The Department of Labor and Employment (DOLE) sustained lawyer Democrito “Kito” Mendoza as the sitting president of the Trade Union Congress of the Philippines (TUCP) and denied the motion for reconsideration of former Sen. Ernesto Herrera in their battle for leadership over the largest confederation of labor unions in the country since 1975.

In a notice of resolution issued on July 5, the Department of Labor and Employment Secretary Rosalinda Dimapilis-Baldoz denied the motion for reconsideration of Herrera and reaffirmed the presidency of Mendoza.

The resolution also ordered the TUCP to undertake the election of a new set of officers to be conducted under the auspices of a special committee of five with equal representation from the contending parties and chaired by the DOLE. Elections could be held in August next month.

“The convention is the most democratic procedure of resolving the present intra-union dispute which is in accord with the principles of freedom of association under the International Labor Organization (ILO) Convention No. 87. The conduct of secret balloting is a time-tested procedure that will afford TUCP members an opportunity to decide and exercise their sovereign will on the leadership issue. This is in accord with the long-settled principle of democratic governance,” the DOLE resolution stated.

Mendoza, in his reaction to the resolution, said: “Our resolve for justice to be done has been validated. As the TUCP president recognized by the government, I am committed to following the order of the DOLE. I call on all sides not to resort to legal maneuvers and dilatory tactics to delays these elections. All of those who seek to lead the workers movement must fully submit to the will of the bonafide members of the TUCP in the upcoming special convention.”

The leadership row stemmed from the claim of Herrera, TUCP secretary-general, that Mendoza resigned on October 2011 and that this was immediately effective by mere application without the need of approval or consent.

The TUCP General Council, however, prevailed upon Mendoza to remain as president and actually continued to discharge his duties as President.

Upon Mendoza’s alleged resignation, Herrera separately installed himself as the president and set up new offices in his formal Senate office.

However, the DOLE’s Bureau of Labor Relations (BLR) ruled otherwise. It said the resignation was not consummated because Mendoza withdrew the letter and continued to perform his function as president.