Court clears way for 8 PAL flight pursers' retirement

A Makati City court has cleared the way for the retirement of eight flight pursers of flag carrier Philippine Airlines (PAL) effective Sunday. PAL said Makati Judge Oscar Pimentel lifted an injunction order that had barred PAL from enforcing a provision of a collective bargaining agreement. To be affected by the retirement order are flight pursers Yvette Grant, Vina Sanchez, Cora Mislang, Irma Bituin, Cristina Mendoza, Evangeline Bocobo, Mooning Noel and Maria Afable, PAL said in a news release on its website Friday evening. PAL vice president for Human Resources Jose Uybarreta said the flight pursers have been informed of their retirement. In retiring the pursers, PAL said the 2000-2005 Collective Bargaining Agreement (CBA) pegged at 55 the retirement age of female flight attendants hired before November 22, 1996. Uybarreta said the Makati court lifted the injunction order last January 4, after it was convinced that whatever damages may be sustained by the flight attendants – if it will be proven later that they should be retired at 60 – “maybe computed, taking into consideration the salaries and benefits that they will earn if they retire at the age of 60, and not 55." However, the Pimentel required PAL to post a P5-million counter-injunction bond to answer for any or all damages the flight attendants may sustain if the Court later determines that PAL is not entitled to the lifting of said injunction order. In July 2010, the same court granted the petition of the eight pursers to stop PAL from retiring them at 55, claiming that said CBA provision is unconstitutional and discriminatory against women. DOLE order 'defied' But the Flight Attendants and Stewards Association of the Philippines (FASAP) condemned the court ruling, saying it defied an order from the Department of Labor and Employment (DOLE) last December. FASAP said the DOLE order had raised the retirement age of all PAL flight attendants to 60 years old. “This is an affront not only to FASAP but also in utter disregard towards Secretary Rosalinda Baldoz's recent ruling," FASAP president Bob Anduiza said on the group's website. FASAP said the move was a "shock and devastating blow" to the affected flight attendants, who were caught unaware of PAL's intentions, considering the recent DOLE ruling. “This blatant move of PAL to defy the Dole’s ruling will certainly exacerbate the labor dispute in PAL. We urge the DOLE Secretary Baldoz to immediately stop PAL Management from retiring the flight attendants, which is contrary to the DOLE ruling," Anduiza said. But Uybarreta disputed FASAP's claims the management defied DOLE's ruling. “The DOLE ruling on the FASAP case is not yet final and executory as PAL is seeking reconsideration of the same. Pending a final determination of the real mandatory retirement age, it is PAL’s position that the current retirement age brackets as outlined in the existing CBAs between PAL and FASAP should prevail," he said. “FASAP condemns PAL’s action when it is merely complying with the ruling of the Makati RTC, which, for all intents and purposes, is a valid and enforceable order as against the decision of Secretary Baldoz which is still under appeal," he added. — LBG, GMANews.TV