The striking employees were on the verge of losing their employment withPAL. Their work will be outsourced to companies that pay less than whatthey used to earn and have none of the perks that the airline can give.Worse, since they will be treated as new employees, they have no pastemployment record to count on for severance benefits purposes when theylater retire or resign. Although PAL committed to give them separation payabove that required by law and were assured of employment (for at leastone year) in the substitute service providers, these benefits cannotcompensate for the insecurity that they and their families will likely face inthe future. The union members were practically at the ropes. Despite their
strong opposition, PAL’s downsizing program was approved by the Secretary
of Labor, and later by the Office of the President. Unfazed by these defeats,Palea sought relief from the Court of Appeals and asked it to order PAL notto implement the outsourcing until its appeal is resolved with finality. Nodice. The court refused to issue a stay order. Thus, PAL was free to transfer
the Palea members’ jobs to third
-party service providers. Without concedingits arguments against contracting out ticket reservations, catering andground services operations to other companies, Palea is demanding that PALgive judicial respect to the court while it is in the process of reviewing theissues raised against the outsourcing program Strictly speaking, the doctrineof judicial respect does not apply to this case. True, the outsourcing issuehas moved from the administrative level, the executive offices, to the judicial branch, but the court has opted not to countermand, even if temporarily, the decisions earlier made by two government offices until after
it has heard PAL’s side.
By refusing to issue a restraining order, the court, ineffect, was saying that the union has not presented sufficient arguments to
justify judicial interference in PAL’s judgment that it is in the company’s best
interests that the work being performed by some of its employees are betteroff outsourced than handled internallyThis as the TC expressed apprehension that the ongoing labor issue will
affect the country’s tourism industry. It said that various prospect
-touristsmay have second thoughts in visiting the country because of the dispute.