WORKER ISSUES

RD Tuna entered the Madang region in 1996. They have established a wharf and factory complex at the Port of Vidar (approximately 25km north of Madang and a fish cannery facility at Siar (approximately 15km north of Madang). Perhaps 300 people are employed by RD at Vidar, with approximately 3000 people (?) employed at Siar. 90% of the employees earn approximately 70toea per hour (A$0.30hr). Work conditions are poor, with some workers claiming that RD are perhaps the worst employers in PNG!

Drivers and fish crews earn approximately K*1.60 hr, with supervisors earning between K2.40 - K2.50 hr. RD rates are lower than other industries in PNG. (*K=Kina which is worth about 50% of an Australian dollar). For the 90% of workers earning 70toea per hour, many have to work 12 hour shifts and the majority of these people (perhaps 90%) are women. Many of the women live in outlying villages and some have to get up for work at 5am and then catch transport to the fish factory to get to work by 7am. Correspondingly the workers may not get home until 9pm at night - meaning a 16 hour day for a full-time fortnighly pay of K36. ($A20). These wages have remained almost static over the past 5 years, with wages not in sink with the CPI or the recent devaluation of the Kina.

Many of the cannery workers put up with oppresive, badly ventilated conditions. Temperatures outside the factory can reach 33 Degrees Celcius during the day and there may be up to 1000 workers per 12 hour shift. Many workers have to work in gumboots!

Workers also have to pay the costs of their work apparel, which may itself cost a fortnight worth of wages. All of the workgear is supplied by RD an imported from the Phillipines. The work gear is paid for a a pay deduction and there is no free replacement for normal wear and tear.

RD sell it onto workers at inflated prices. Work gear for women includes; Gum Boots (18K), Shirts (8K), Aprons (3K), Hand Head (1K), Caps (8K), Knife (3K) = Total 41 K. Workwear for men totals 38K, as a knife is not included. Workers get a break of one hour for lunch and 2 ten minute breaks.

Workers are not Unionised. Workers have organised themselves into the RD National Workers Union and are officially registered through the Industrial Registrar and Gazetted through PNG law. The Union has all the agreed certificates, but RD does not recognise the Union. RD was supposed to deduct membership fees in May 2003, but hasn't done so as yet.

Workers have revealed that RD claims that they are 'scared' of Unions, citing left issues in the Phillipines as a reason for this unjustifed paranoia. People pushing for unionisation of the workforce at RD have had their employment terminated. RD supposedly tells workers that they will receive permanent employment after 6 months. There is no change in status however for piece rate workers who come and go on a irregular basis. Some workers have claimed that they have not received permanent employment after working for 6 months. These workers are still considered to be casuals.

RD hire PNG Nationals only on the 'lowest rung' of their company, giving the more interesting positions to Phillipinos. The only PNG National working in a senior position is the companies Public Relations rep. Cooks (chefs), semi-skilled tradesmen, and machinist positions are all going to Phillpinos. A 3 year training program was supposed to eventuate to train PNG nationals, but almost nothing has eventuated. Filipinos continue to rotate on jobs that are supposedly prohibited to foreigners, and should be classified and reserved for locals. The company does not have a training development or division to cater for the training requirements or management training programs to identify suitable nationals to take up middle management positions. This is in breach of a compulsory requirement by the Department of Labour and Industrial Relations for a 3 year Training Plan by all organisations.

Occupational Health and Safety is another major concern for workers. According to RD sources, not one industrial accident has yet been filed with RD. There have been accidents in th cannery with machinery ad injuries such as cut fingers etc are commonplace. People in the region walk on roads all the time. This practice can be very dangerous - especially at night. Apparently two female workers have been killed in the past 2 years through being struck by moving vehicles at night.

Walking along roads after dark can be dangerous.

New employees and casuals rarely (if at all) qualify for medical expenses. Malaria is also a concern with one ship captain dieing after not receiving adequate medical support from RD.

Workers register union 10/4/03 - Post Courier (Date Unknown)

National staff members of RD Tuna Canners Ltd in Madang have registered a union to cater for their employment rights.

The RD National Workers Union was registered on January 20 and issued with a certificate by the Industrial Registrar. The registration certificate says national employees with RD Fishing, RD Plantation and RD Tuna Canners are eligible to be members of the union.

General secretary of the Union, Anton Kentabul said the national employees' mouthpiece was long time coming and they welcomed its registration and certification. He said the Philippines-owned enterprise is a large company and national workers need to have an independent union to seek for them when needs arise.

Tuna Cannery staff register - Post Courier May 30 2003

The national staff of RD Tuna Cannery Company in Madang has registered a workers union for the first time since 1997 when the company started its operation.

RD National Workers Union was registered on January 20 and was gazetted on February 6, by the Industrial Registrar.

A certificate was issued allowing the interested national employees in the fishery and cannery department plus the employees of the plantation to be part of the union, however, RD Tuna company is seeking a judicial review against the registrar claiming that the registrar was attempting to limit the workers right to freedom of association.

Union general secretary Anton Kentabul said the union would be the mouthpiece of the employees and cater for their employment rights under the laws of the country. Mr Kentabul said registering the union was a dream come true for most of the employees because in the past there was no independent union that would speak on behalf of their employment rights.

"The Philippines owned enterprise is a large company and national workers need to have an independent union to speak for them when needs arise," he said.

Workers Stop Work (By anonymous April 2004)

There’s word also that as of Monday 5 April 04, all workers at RD Fishing’s Vidar facility (cold storage) had gone on an all-out demonstration/strike/stop-work or whatever one prefers to term such an action taken by workers. Purpose of the action being to demand that the authorities immediately address the below-standard conditions and "slave wages" of workers. How did the bosses address the situation? Well they simply explained to the workers that "there was NO money for increases and bettering of work conditions." They then went on to challenge the workers to, "tell Idawad and FOK (Friends Of Kananam) to eliminate the anti RD websites…then there’ll be money coming in for better pay and better work conditions…."

Truck Spin Offs (By anonymous April 2004)

Last year the SSD (Seg Samalang Dun LO company of Kananam) vice chairman, was ceremoniously given a truck by RD Tuna company as spin off for his clan. It is confirmed that that truck had been and still is constantly breaking down, to the frustration of *****. Common experience with trucking/transport spin offs with RD has it that those vehicles are given on loans which the LOs have to repay. Track record is that most of the trucks break down well before the LOs are able to pay back the loans. ****** has not even begun repaying the loan as yet.

Fishing Boat Crews Strike - August 2004

The entire contingent of RD Fishing PNG Ltd’s boats crews (catcher boats, carrier boats, mother boats), mostly Philippino men, had gone on an all-out strike since the beginning of the Monday 23 August 2004 working week. This mass action was aimed at addressing the deplorable “slave wages” and other oppressive conditions that RD’s workers had been subjected to since 1997 when the company began operations. The crew men’s action culminated toward/by mid-night of Tuesday 24 August 2004, when they literally cut free/loose the entire fishing fleet, consisting no less than fifty vessels, from anchorage and stormed out of the Vidar wharf in full speed/throttle, and into the open Bismarck Sea, where they had remained afloat in their various fishing units/troups for the entire week. This incident comes as no surprise because the “slave pay/labour” conditions had always been among the extremely hot issues affecting RD’s workers since the beginning of its operations. Numerous workers had been sacked by RD’s management soon as they were suspected for instigating moves to organizing wokers to address issues affecting them. Last July the disgruntled workers lodged their latest petition to the company management which again fell into deaf ears. And this is the company that boasts of being the single biggest employer in Madang, providing employment to no less than 3 000 people, mostly women. The workers finally managed to reach out to the international community, international labour agencies for outside support. Even the Labour office in Madang and Port Moresby had been giving deaf ears to workers’ pleas. This mass action by the boats crews is so effective, it has brought Madang’s biggest employer to a stand still. There is no fish coming in from the ocean to keep the cannery operating, simple as that. . Seems like there is a lot of unhappiness amongst RD’s workers and the Madang commumity at large regarding RD’s operations:

RD’s two big billboards at the main airport junction (in Madang) were spray-painted over with: “Dog food”, “Slave Labour”, “Stink Food”…etc. This and other signs speak for themselves that there are many unhappy people out there amongst RD’s workers as well as in the entire Madang community. RD’s operations and treatment of land owners as well as its workers leaves a lot to be desired.

Monday 30th August 2004, Post Courier

Strike to disrupt tuna production

CANNED fish production by RD Tuna Limited will be disrupted as 200 Filipinos employed by a fish supplying company continue strike action. The week-long strike is over working conditions.

The Filipino group, employed in the fishing fleet, claimed they have been paid below the International Labour Organisation (ILO) recognised rates, received no overtime payments, had no provision for workers' compensation coverage in cases of accidents or loss of life and had incorrect calculation of bonus payments. The Filipinos have also claimed the fishing vessels are not sea worthy due to lack of safety and fire fighting equipment.

A statement from the National Seamen Association secretary Douglas Gadebo said the Filipinos were employed as fishermen and ship crew by the Philippine-based fishing company. "At the request of the of the Philippine crew, the International Federation of Transport and our union - which is an affiliate of ITF - have attempted to negotiate a resolution of the crew's complaints with RD Tuna. However all attempts to resolve the dispute amicably have been continuously ignored by the company," Mr Gadebo said.

RD Tuna managing director Pete Celso said yesterday production would be affected but while the Filipinos are on strike, the company would source tuna from other suppliers. "The Filipinos are not employed by RD Tuna. They are employed by a Philippine-based company that supplies fish to us," Mr Celso said. "We have an agreement in place for this Philippine based company to supply fish to us. Of course our production will be affected while they are on strike."

He said the International Federation of Transport was trying to impose some jurisdiction on the fishing company. Mr Celso said RD Tuna had other agreements in place with fish supplying companies from other countries. The ITF has also written a letter to directors of RD Tuna supporting the claims by the Filipino fishermen and said the claims stood on valid ground as the employment of the Filipinos lacked contracts in employing overseas workers.

The National, Tuesday 31 August 2004

Fishing crews strike against RD Tuna

By CLEMENT KAUPA RD

Tuna Canners, Inc, which could be losing an estimated US$200,000 per day for lost production, is refusing steadfastly to meet with the Maritime Workers Industrial Union representatives to resolve the fate of 200 striking Filipino fishing boat workers. Even the International Transport Federation’s intervention to delegate the responsibility to the union as mediators between the cannery and the workers has also been ignored.

Yesterday, RD Tuna managing director Pete Celso said in an email to this reporter that there is no on-going strike at the cannery. "The strikers are the crew/fish-workers of Philippine-based companies that mainly supply fish to RD Tuna Canners." Mr Celso further said these crewmembers are not under the jurisdiction of the ITF and so are not covered by ITF guidelines.

Moreover, he stated that under Section 32 of the Philippine Fisheries Code of 1998, fish workers on board Philippine-registered vessels conducting fishing activities beyond the country’s Exclusive Economic Zone are still considered as domestic or local workers. "Therefore, POEA contracts are not needed,"Mr Celso wrote regarding the crewmembers’ complaints that they have no approved POEA contracts in which they could dictate their salary packages like the International Labour Organisation’s set minimum wages, entitlements and working conditions.

Meanwhile, Reg McAlister, the general secretary of MWU said yesterday Mr Celso’s comments are "just excuses not to address the workers’ complaints". Mr McAlister said they became aware of the matter two weeks ago and sent a senior official down to Madang to approach the management of RD Tuna but they refused to talk to him. "Unless they address the complaints then I can’t see their (canning) operations coming back to normal," Mr McAlister said.

Monday, September 06, 2004 (Sun Star Newspaper - Philippines)

Crew releases fishing boats, goes back to work By Bong S. Sarmiento

GENERAL SANTOS CITY -- Filipino crewmembers who took control of their fishing vessels in Papua New Guinea to press for reforms have returned to work, the Department of Foreign Affairs (DFA) announced over the weekend.

Foreign Affairs Secretary Alberto Romulo said the labor dispute between the workers and management of RD Tuna Ventures, Inc. (RDTVI) was already settled, with the Filipino workers now performing their assigned tasks and the employer agreeing to address their grievances.

The Filipino crewmembers seized control of at least 15 fishing vessels of TD Tuna last month, prompting officials to say they would file complaints against the striking employees as the company has lost at least $100,000 as a result of the takeover.

The crewmembers seized the fishing vessels to demand that they be given remuneration and benefits similar to international seafarers.

The family of fishing magnate Rodrigo Rivera Sr. owns RDTVI, which is based in this southern port city. The company operates a canning factory in Papua New Guinea.

Romulo said that company officials would no longer pursue complaints against the striking workers. The two contending parties reached an agreement following a dialogue brokered by DFA officials.

Among the main points agreed by the management and the striking workers were for RD Tuna to look into the salaries and compensation package of the crew for possible increase, for the fishing vessels to have adequate supply of medicine, potable water and food, and for the fishermen to be allowed to go on shore leave after seven months of continuous duty.

Romulo said that Philippine Ambassador to Port Moresby Bienvenido Tejano on September 2 brought RD Tuna officials aboard the largest vessel seized by the workers led by boat captain Angelito Abastas. The fishermen were manning the 15 Philippine-flagged fishing vessels owned by RD Tuna.

"With the peaceful and mutually acceptable settlement of the dispute between the striking fishermen and RD Tuna Management, it was also agreed that no charges would be filed by any party against one another," Romulo said. In the course of the negotiations, Romulo said the fishermen were made to understand that being employed aboard Philippine-registered fishing vessels, the resolution of their grievances would be governed by the Philippine labor code.

After the negotiations, the official said that a great majority of the fishermen agreed to return to work, though some wish to be repatriated. RD Tuna expressed willingness to pay for the airfare home of the repatriates, according to Tejano. Last August 29, Tejano reported to the DFA that over 150 Filipino fishermen cut the moorings of 10 Philippine-registered fishing vessels of RD Tuna and brought these vessels to the territorial waters of Papua New Guinea, as a means of conveying their employment-related grievances.

But after looking closely into the labor dispute, Tejano later reported that the actual number of strikers was closer to 200 and that they took control of 15 fishing vessels owned by RD Tuna. He also reported that undetermined number of smaller "back up" boats surrounded the 15 vessels under the control of the strikers. On 31 August, Papua New Guinea law enforcement, customs and immigration authorities attempted to resolve the seizure of the fishing vessels by the Filipino fishermen but Tejano prevailed upon them not to use force.

September 10, 2004 Asian labour news

Philippines: Tuna firm blames int'l labor groups for mutiny

"Tuna firm RD Group of Companies blamed international labor groups over a 10-day mutiny staged recently by at least 150 crew members of the company’s fishing vessels stationed in Papua New Guinea."

In a statement, officials of RD Group’s subsidiaries RD Tuna Ventures Inc. and South Sea Fishing Ventures (Phils.), Inc., claimed its workers were just misled by the International Transport Workers Federation (ITF) and the PNG Maritime Workers Union (PNG-MWU).

On August 24, RD workers seized control of at least 15 fishing vessels off their base in Madang, PNG, a move which company officials claimed has brought them losses of at least $100,000. The crew members, who agreed to return to work last Sept. 3 following a dialogue brokered by the Department of Foreign Affairs, staged the mutiny to dramatize their demands for remunerations and benefits in accordance with international standards.

But the company said its workers were apparently misinformed by the two labor groups over their demands. It said the PNG Department of Labor sent an opinion particularly stating that it does not have any jurisdiction over the mutineers.

"The ITF and the PNG-MWU never had any valid claim and are unaware that there is a separate law in the Philippines under the Fisheries Act of 1998 that governs the operations of the companies operating under Philippine Laws," the company cited in its statement.

Renne Subido, RD Group's vice president for corporate business affairs, explained that their vessels are owned by Philippine-registered companies and are registered and covered by the Philippine Fisheries Code of 1998. He said their vessels are also not merchant marine but are fishing vessels now operating in the waters of PNG.

He added, "Workers on board Philippine registered fishing vessels conducting fishing activities beyond the Philippine Exclusive Economic Zone are not considered as overseas Filipino workers. Consequently, any claims pertaining to the status, benefits and compensation of an international seafarer is not applicable."

Meantime, RD officials also hinted that it would pursue legal actions related to the staging of the mutiny. "The RD Group of Companies has always believed in dialogue as opposed to acts contrary to norms and Law. However, RD reserves the right of redress for acts committed inimical to law and order relative to the mutiny," the company said.

Subido earlier said they were inclined to file charges against 10 workers whom they have confirmed as leaders of the mutineers. Among the charges being contemplated are mutiny and robbery in the high seas. Source: Allen V. Estabillo, "Tuna firm blames int'l labor groups for mutiny," Minda News, 08 September 2004.

Friday, October 01, 2004 10 fishers who staged 'mutiny' arrested By Edwin G. Espejo Sun Star

GENERAL SANTOS CITY -- Ten of 12 fishermen who staged a mutiny and took control of fishing vessels owned by RD Tuna Ventures Inc. to press for increase in wages and additional benefits were arrested Thursday.

The surprised fishermen said they were made to believe no retaliatory acts would be imposed against them during protracted negotiations with RD officials in Papua New Guinea.

Mediating in the talks in New Guinea, where the fishermen took the vessels, were officers of the Department of Foreign Affairs (DFA).

Renne Subido, RD vice president for corporate business affairs, denied the company waived its right to sue the fishermen. In a press statement read during a press conference here, Subido said "the dispute...may have come to a peaceful resolution but actions taken by the crew broke Philippine and international laws."

RD slapped five counts of mutiny charges against 12 fishermen but only 10 have so far been arrested.

They are Reynaldo dela Cerna, Danny Dominquito, Randy Patorite, Eliseo Solas, Fredel Cocal, Nole Berdonar, Gerado Sasam, Michael Ocon, Roger Villarosa and Joel Yapan. Still at large are Angelito Abastas Jr. and Wilberto Novo. Abastas is reportedly in Cebu.Police reportedly picked up some of the fishermen while they were attending a company-sponsored seminar.

Subido said the company decided to file charges of mutiny against the crewmembers responsible for the "unfortunate acts". He said the company lost at least US$100,000 a day for the duration of the mutiny.

On August 24, some 191 crewmembers of RD Tuna Ventures staged a protest, took command of the company's fishing vessels and cut off communications their the company base in Papua New Guinea while at the high seas there. They demanded better living conditions aboard their vessels and asked that they be given remuneration and benefits similar to international seafarers.

They lifted their protest action after seven days when Philippine Ambassador to Papua New Guinea Bienvenido Tejano interceded in the dispute. Subido claimed the fishermen were instigated by the London-based International Transport Workers Federation (ITF) into staging the mutiny.

Asked why the ITF was not included in the case, Subido said company lawyers are preparing a separate suit against the labor federation.

The arrested fishermen protested their arrest Thursday and claimed the company acted in bad faith when it filed the charges against them. Berdonar, who spoke in behalf of the group, said RD president Rodrigo Rivera Jr. assured them that no charges would be filed against them during the negotiations brokered by Trejano. He said all they were asking for were better pay and benefits.

Berdonar said his monthly salary is still P5,000 even when he has been with the company for seven years. Dominguito, Cocal and Ocon also claimed they were arrested close to midnight Wednesday by police officers who reportedly did not identify themselves. The arresting police officers were reportedly also not in uniform.

In addition, they also claimed RD vehicles were used by the policemen while effecting the arrest. Six of their companions were also arrested while attending a seminar on company rules and regulations. Lawyer Franklin Gacal Jr., who was asked by the accused to represent them, said he is still studying the charges and would most likely file a motion to grant bail to the accused.

Letter to President of the Philippines from ITF

H.E. Gloria Macapagal-Arroyo,

President Republic of the Philippines

Fax: +63 (2) 736 1010/2 pages Ref: DC/SF

1 October 2004

Dear President Arroyo

Arrest warrant in the case of RD Tuna employees in the Philippines (Crim case no 46570-2)

I am writing to you to express my grave concern over this week's issuing of an arrest warrant for mutiny in the above case, which I understand is being handled by the Municipal Trial Court Branch 2, in Santos City.

I understand that in addition, at least ten employees of the Philippines-based company RD Tuna were arrested on Thursday, separately, but in connection with the case.

This case involves a labour dispute on fishing vessels in Papua New Guinea owned by RD Tuna, whose employees were given a public guarantee by the Department of Foreign Affairs (MindaNews, 5 September 2004) that 'no charges would be filed by any party against one another,' following the mutually acceptable settlement of the dispute. This assurance has been blatantly disregarded.

Information published today in the SunStar indicates that the police who carried out yesterday's arrest may have used RD Tuna vehicles. Should this information be correct, very disturbing conclusions must be drawn.

I understand that the charges laid down in the arrest warrant accuse officers of ITF affiliated unions in the Philippines and Papua New Guinea of conspiracy. Any such charges or any other charges in connections with this matter will be vehemently denied and disputed.

We understand that an inspection of RD Tuna's vessels MFV Dolores 827 on 26th August by the Papua New Guinea port authorities revealed serious safety defects that corroborate any complaint put forward by the crew.

Your Excellency, public information appears to indicate that RD Tuna is far from being a responsible company with a respectable record. Local sources indicate that the company has infringed employment rights in its Papua New Guinea canning operations and has also been the subject of complaints related to environmental damage. It is of great concern to the ITF that such an important Philippine company should demonstrate so little regard for employment rights, for the rights of local people and indeed for the agreement brokered by the Philippine authorities in this case.

You will no doubt be aware that the current criminal case will do little to enhance the reputation of the Philippines as a nation that protects its citizens working abroad.

I would therefore call upon you to use your good office to intervene in this case to ensure that all the charges made in relation to Criminal Case no 46570-2 and to the case involving the other RD Tuna crewmembers, are withdrawn.

Once this action has been taken, I would very much welcome a discussion on how future dialogue of this nature may be better conducted with the aim of improving the protection for citizens of the Philippines working in the fishing sector.

I would be grateful to receive your comments

Yours sincerely

David Cockroft General Secretary cc. Shigeru Wada, ITF Tokyo Office

ITF warns Philippines Government over ‘dodgy’ arrest warrants 7 October 2004:

Global Union the ITF is protesting to the Philippines Government over what it describes as "a travesty of justice that would be almost funny if it weren’t so serious". The ITF has written to the President and four senior ministers of the Republic of the Philippines warning them that the issuing of arrest warrants for ITF affiliated union officials who had acted as mediators in an acrimonious dispute calls the probity and independence of the country’s legal system into doubt.

The ITF acted when arrest warrants were issued for union officials from the Philippine Seafarers' Union, PSU (ALU-TUCP) and Papua New Guinea Maritime Workers Industrial Union , after they tried to help resolve a dispute between Philippines fish processing giant, RD Tuna Ventures, and 200 fishermen the company employed on vessels off the coast of Papua New Guinea (PNG).

The dispute arose after the fishermen – who were not union members – made complaints about low remuneration, bad provisions, safety concerns and repatriation. A safety check by PNG port authorities showed several defects.

Following action by the crew the dispute was finally resolved at the end of August when the Philippines Department of Foreign Affairs brokered an agreement promising improved conditions and which included a "no reprisals" deal promising no action would be taken against the crew members.

Despite the guarantee that no punitive action would be taken at the end of last week several RD Tuna employees were arrested in the Philippines while attending a company seminar – and a warrant was issued in the Philippines for the arrest of two Philippine Seafarers' Union officials and the Papua New Guinea Maritime Workers’ leader.

The warrants appear to accuse the union officials of conspiracy to mutiny. Given the seriousness of the situation the ITF has also today issued an Action Alert to ITF affiliates in the Asia-Pacific Region, and Fisheries’ Section affiliates worldwide, asking them to protest to the Philippines Government.

ITF General Secretary David Cockroft today commented: "Mutiny is one of the most serious charges there is. For it to be bandied about at the behest of RD Tuna is a bad joke. I believe that what we are seeing is an opportunistic abuse of the law by this company." "Ironically this is happening at the same time as the Government is pardoning military mutineers."

Cockroft has written to the President; Secretary, Department of Foreign Affairs; Secretary, Department of Labor and Employment; and Acting Secretary, Department of Justice of the Republic of the Philippines to express his disquiet – bordering on disbelief – that a Philippine company "should demonstrate so little regard for employment rights, for the rights of local people and indeed for the agreement brokered by the Philippine authorities in this case. You will no doubt be aware that the current criminal case will do little to enhance the reputation of the Philippines as a nation that protects its citizens working abroad".

Public information shows that this is not the first time RD Tuna Ventures has been involved in controversy – local sources in Papua New Guinea report that the company has infringed employment rights in its PNG canning operations and has also been the subject of complaints related to environmental damage. ENDS Date published: 7 October 2004

Striking Crewworkers Lose In Papua New Guinea By Dominic Santiago 10/10/04

When will workers in the smaller countries ever going to understand when they make the decision to strike or stop work - they are taking the bold step of informing their bosses and the owners that they (the workers) know how valuable they are and want to be treated fairly as they help produce profit for the company.

Once again last week striking workers caved into the owners - this time in Madang, Papua New Guinea. The workers were all Filippino crewmembers working for the notoriously poorly operated RD Tuna Ventures, Inc. The company is Filippino based, owned by Rodrigo Rivera Sr. a businessman of questionable credentials to say the least.

Since RD opened operations in the small coastal town of Madang seven years ago they have been constantly in trouble with landowners, the townspeople, PNG authorities (both local and national) and reputable international and local NGOs. The complaints run from the foul oder emitted from the factory to poor working conditions to environmental destruction. Two weeks ago RD had another demerit to add to their poor track record. Two hundred Filippino crew members seized control of over 20 of the RD fishing vessels demanding better work conditions including an increase in pay. The workers remained strong for nearly two weeks then caved in when RD used Filippino Ambassador to PNG, Bienvenido Tejano to get the workers back to work.

Ambassador Tejano boarded one of the ships to address the workers. Among other things Tejano referred to the workers as terrorists. He told the workers they were bringing shame to all Filippinos and he said he did not want PNG authorities to intervene (meaning if you don't go back to work I'll let the PNG authorities handle this) Management made no promises to the striking workers. They said they would "look into the salaries and compensation package of the crew for possible increase."

Crew members are also seeking to have an adequate supply of medicine, potable water and food on their vessels. The fishermen were also seeking permission to be allowed shore leave after seven months of continuous duty. The management got the workers back to work and workers got promises of their requests being looked into. When are workers going to learn when they go on strike there's no going back until demands are met - not promises from a company that has such a poor track record and poor reputation both locally and internationally.

I wonder if the workers know that RD was willing to pay a local prostitute to spy on a local enjoy more money per day than the workers get paid in a fortnight. Surely the workers know that landowners are being paid off to keep their mouths closed about RD's seedy operations - and their pay also exceeds that of the Filippino crew members. We are in full support of workers getting fair treatment from employers the world over. However workers must be clear when they take the brave step of confronting their bosses by striking they need to follow through and stand strong. What happened to the crew members in Madang, Papua New Guinea happens far too much in the worlf. In the end they get nothing but promises and threats.

Akbayan rep seeks probe on plight of fisher folk

(MindaNews) http://www.mindanews.com/2004/10/11nws-fisherfolk.html Bong S. Sarmiento / Mindanews / 11 October 2004

GENERAL SANTOS CITY -- A militant party-list representative has pressed for reforms to be instituted in the Philippine tuna sector in a bid to protect the rights of industry workers.

Akbayan Rep. Mario Aguja, who hails from this city, issued the call as he filed House Resolution No. 303 urging the committees on agriculture, food and fisheries, labor and employment and civil, political and human rights to conduct an inquiry on the mutiny staged by some 200 Filipino fishermen late August in Papua New Guinea.

Aguja’s move came shortly after some 10 leaders of the striking workers were rounded here less than two weeks ago on the strength of an arrest warrant issued by Municipal Trial Court in Cities Branch 2 Judge Jose Bersales despite an agreement they forged with the management that they would not file legal charges against each other.The Department of Foreign Affairs brokered the agreement as contained in a statement released by the agency on Sept. 3.

Aguja said the inquiry will also probe the prevailing structure and systems of the tuna fishing industry, such as that surrounding the rights, wages and benefits accorded the fishermen. (See related feature story.)

He defended the mutineers working for the RD Group of Companies (RDGC) owned by local fishing magnate Rodrigo Rivera Sr., saying the issues they aired were legitimate. "The arrest was made with complete indifference to the fact that the takeover arose in the course of a labor dispute," Aguja noted.

On Aug. 29, Philippine Ambassador to Port Moresby Bienvenido Tejano reported to Romulo that close to 200 Filipino fishermen seized control of 15 fishing vessels owned by RDGC’s subsidiary RD Tuna Ventures, Inc. He reported that the workers seized the vessels to dramatize their demands for a raise of their salaries based on international standards. Aguja said the mutiny "puts into focus the dismal plight of Filipino fishing workers and the serious problems that beset the Philippine fishing industry."

Aguja wrote a letter to Romulo noting that the mutiny leaders’ arrest "violates the agreement forged between the striking fishing workers and the management of the RD Tuna Ventures." He added that the strikers "were just airing their grievances against a system that enslaved them and a structure that violated their rights as human beings." "It [strike] only provides a graphic illustration of the effects that an exploitative and oppressive fishing industry has had on its workers," Aguja noted.

Aguja urged Romulo to recall Tejano from his post as the latter apparently "clearly failed to safeguard the interest of the fishing workers." He also asked for a full disclosure of the negotiation between the fishing workers and RD Tuna Ventures mediated by Tejano. "The arrest of the workers proved that the negotiation failed. Was there really an agreement in the first place?" asked Aguja.

Renne Subido, RDGC’s vice president for corporate business affairs, insisted the management and the striking workers have never reached a mutual agreement about the withdrawal of the mutiny charges during the negotiation process. According to him, such agreement was only a "DFA assumption." "From the very start, we did agree about withdrawing our option to file the charges," Subido was quoted as saying.

Fishers in 'mutiny' freed; charges dropped - Oct 27, 2004

Wednesday, October 27, 2004 Sun Star Fishers in 'mutiny' freed; charges dropped http://www.sunstar.com.ph/static/net/2004/10/27/fishers.in.mutiny.freed.charges.dropped.html By Edwin G. Espejo

GENERAL SANTOS CITY -- A Municipal Trial Court judge on Tuesday dismissed the mutiny charges against 12 workers of RD Tuna Ventures Inc. (RDTVI) and four Cebu-based labor federation officials.

Judge Jose Bersales cited the apparent "lack of interest" of the private complainant, businessman Rodrigo Rivera Sr., to pursue the case after Rivera filed a motion to withdraw his complaint. The judge also mentioned the compromise agreement entered into by RD Tuna and the Trade Union Congress of the Philippines (TUCP).

In a joint press statement signed by Rivera, president of RD Tuna, and TUCP president Democrito Mendoza, the parties agreed that, "pursuing the charges filed in court against the 16 persons and the continued detention of 10 employees will only result to escalation of actions from both sides." As a result, the 10 RD Tuna workers who led the seizure of several fishing vessels of the company off the coast of Papua New Guinea in August were released from the General Santos City Rehabilitation Center. They were later presented to the local media during a press conference shortly after noontime Tuesday.

Released from the city jail Tuesday were Reynaldo dela Cerna, Danny Dominquito, Randy Patorite, Eliseo Solas, Fredel Cocal, Nole Berdonar, Gerado Sasam, Michael Ocon, Roger Villarosa and Joel Yapan. Their release followed several weeks of backdoor negotiations that brought Philippine Ambassador to Papua New Guinea Bienvenido Tejano to the city to again broker a peaceful settlement of the labor conflict.

Labor dispute

Admitting for the very first time that the incident in Papua New Guinea was a "labor problem," Rivera said he is willing to forget the damages his company has suffered as a result of the incident. "We have come to the conclusion that industrial peace, health of the company in the long term, the liberty of the accused and the effect on their respective families have to be considered," Rivera said during the press conference held at the East Asia Royale Hotel.

Lawyer Franklin Gacal Jr. immediately welcomed the development. "Everybody was enlightened. I am happy that the case is over. Nobody won. The city was the loser. The case is an indictment of the true state of the fishing industry," said Gacal who acted as legal counsel of the workers.

Reports said part of the compromise was an agreement that the accused drop Gacal as their legal counsel. But this was vehemently denied by Rivera, who also dismissed reports that he pressured the wives and parents of the workers into writing a letter asking for his forgiveness. "Wala sila gipugos. Kusang loob (They were not pressured. They did it voluntarily)," Rivera said. If anything, he added, the letter was proof of sincerity on the part of the workers.

Rivera, however, added that the workers were already dismissed from the company even as he gave their families assurances they will be taken care of. He only asked for more time before some of the workers could be absorbed back to work. The RD Tuna president also revealed that the rest of the workers who joined the protest actions have long gone back to work.

On August 24, some 196 employees of RD Tuna seized seven fishing vessels of the company in Papua New Guinea and demanded that they be given remuneration and benefits similar to international seafarers. The standoff lasted for six days and only ended with the intercession of Ambassador Tejano. Tejano admitted that there was a "gentleman's agreement" between the company and the striking workers that no retaliatory actions would be taken by both sides.

Legal battle

But on September 29, 10 alleged leaders of the strike were arrested on five counts of mutiny, a non-bailable offense under the Revised Penal Code. The legal counsel of the accused filed a petition for the issuance of writ of habeas corpus, which a regional trial court granted in a verbal court order. Judge Isaac Alvero Moran however recalled his verbal ruling and ordered the continued detention of the workers.

Early this month, the International Transport Workers Federation (ITF), whose four officers here in the country were included in the charge sheet, called for international pressure against RD Tuna following the arrest of the workers. It was ITF which acted as agents of the workers during the six-day work stoppage in Papua New Guinea. ITF however withdrew its representation during the height of the dispute, leaving the workers behind.

Rivera claimed the Supreme Court of Papua New Guinea had already issued the arrest of the workers who would have faced piracy charges in the said Pacific nation. Piracy in Papua New Guinea carries the penalty of death. The company claimed it lost millions in actual damages and opportunities lost during the work stoppage.

The RD Group Inc., holding company of RD Tuna, operates a canning plant in Papua New Guinea where some of its purse seiners are also operating. Rivera said they have close to 800 workers aboard several fishing fleets operating in the Pacific territories. The RD Group is one of the biggest corporations based in General Santos City. It has extensive exposure in banking, real estate, aquaculture, fishing, credit and loan operations, canning, tin can manufacturing, hotel and resort business and several other business interests.

Thursday 06th April, 2006 Three killed in boat fire

THREE Filipino men died instantly when the engine of their RD Tuna fishing vessel exploded in the waters between West New Britain and Manus provinces last week. Another three Filipino crew members are recovering after receiving superficial burns to parts of their bodies.

WNB Health adviser Joshua Giru said the incident happened near Garove Island in the Vitu area of WNB last Wednesday morning. The RD Tuna vessel MV Dolly had 13 Filipino men on board together with a Papua New Guinean who was believed to be a fisheries observer.

The vessel was on a commercial fishing expedition in the area. Mr Giru said the auxiliary engine exploded when the men on board attempted to start it up to get power back on the boat.

The impact of the explosion sent five of the men, who were standing a few metres away from the engine, scrambling for safety. However, the oilier and the electrician died instantly. The chief engineer died later while being rushed to Kimbe. Mr Giru said

MV Dolly sent out distress messages soon after the incident, and with the help of health and Harbours Board officials in Kimbe, the survivors were rescued the next day by a boat from Kimbe. The damaged vessel was also towed into the Kimbe wharf.

The bodies of the three men who died are currently at the Kimbe hospital morgue and the vessel is still at the Kimbe Wharf awaiting further investigation to be carried out.

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