One is surprised by how deep partisan factionalism and disunity affect the livelihood organizations of ordinary workers. Below is an example. It is a letter I prepared for a group of drivers who were suspended by their president. Their sin? They succeeded in registering a new transport service cooperative among their members with the Cooperative Development Authority. The cooperative seeks the transfer of the transport service concession contract from the association to the new cooperative. The formation of the cooperative was in line with the social justice provisions of the Cooperative Code and the Constitution.
November 13, 2010
Urgent
Via Personal Delivery
Board of Directors
Xxx ASSOCIATION, INC.
xxx
Attention : MR. xxx
President
Subject : URGENT OMNIBUS MOTION
FOR RECONSIDERATION
AND DEMAND LETTER
MABUHAY:
We are writing in connection with the following facts, events and developments, to wit:
1. In a document entitled MASS MANIFESTATION AND PETITION OF THE GENERAL MEMBERSHIP OF THE xxx TAXI DRIVERS, INC., dated September 4, 2010, signed by 100 members of the Association, a copy of which is attached as Annex “A” hereof, the signatories thereof, who constituted a great majority of the general membership of the Association, among other things, expressed their full and unconditional support to the recent lawful formation and registration of the xxx DRIVERS ASSOCIATION TRANSPORT SERVICE COOPERATIVE (xxx), which is led and headed by Mr. xxx, Mr. xxx, Mr. xxx, Mr. xxx, and Mr. xxx.
1.1. Further, inter alia, the signatories of the said Mass Manifestation and Petition further urged the board of trustees and the general membership of the Association to immediately effect the lawful voluntary dissolution of the Association pursuant to the procedures mandated by the Corporation Code to lawfully pave the way for the unified recognition of the Cooperative by the National Government and its concerned implementing/regulating agencies for purposes of the lawful transfer from the Association to the Cooperative of the current and future transport service concessions, franchises, and contracts governing the transport services within and to and from the Manila xxx terminals.
2. In another document entitled MASS MANIFESTATION OF THE GENERAL MEMBERSHIP OF THE xxx TAXI DRIVERS ASSOCIATION, dated October 4, 2010, a copy of which is attached as Annex “B” hereof, signed by 88 members of the Association, who likewise constituted a great majority of the general membership thereof, the said signatories, inter alia, reiterated their expression of full support to the Cooperative and vehemently expressed their LOSS OF TRUST AND CONFIDENCE in the concerned members of the board of trustees of the Association for various violations of the Corporation Code and the By-Laws of the Association, as shown by:
2.1. The non-presentation/disclosure to the members of the Financial Statements of the Association for the past four (4) months from April to July, 2010;
2.2. The non-holding/cancellation of the monthly general assembly meeting set on October 4, 2010 without prior notice/explanation;
2.3. The various violations of the internal financial controls and procedures of the Association;
2.4. The issuances of various checks with huge amounts, e.g. P179,000.00, without prior board resolutions;
2.5. The neglect on the part of the Management of the Association to collect huge unpaid dues;
2.6. The overlapping of the duties of the Treasurer and/or unlawful interference by the President in the independent functions of the Treasurer;
2.7. The various acts of discrimination by the Management of the Association against Yellow Cab drivers as regular members;
2.8. The giving of false assurances on the part of the Management of the Association that there was no need for a Management Contract with the legitimate operators;
2.9. The abusive words and actions of the President and his cohorts against the Cooperative; and
2.10. The various acts of sabotage and harassment by the President and his cohorts against the full growth and development of the Cooperative.
3. On October 31, 2010 five (5) members of the board of trustees of the Association issued a baseless and unjustified Board Resolution (unnumbered), a copy of which is attached as Annex “C” hereof, SUSPENDING for 30 days effective November 6, 2010 the undersigned innocent trustees of the Association, i.e., Mr. xxx, Mr. xxx, and Mr. xxx, who are also duly elected pioneering trustees of the Cooperative, without observing the their basic constitutional and human rights to procedural and substantive due process of law and to equal protection of the law.
3.1. The said resolution is likewise violative of the suspended trustees’ constitutional freedom of expression, freedom of conscience, freedom of thought, freedom of association, and right to assemble and petition for redress of grievances.
3.2. It violated the letter and spirit of the Corporation Code and the Cooperative Code and the relevant constitutional provisions on social justice.
4. On November 9, 2010 the President of the Association, Mr. xxx, issued a Memo, a copy of which is attached as Annex “D” hereof, addressed to the board of trustees and members of the Association informing them of the aforecited suspension of the Mr. xxx, Mr. xxx, and Mr. xxx.
4.1. It prohibited them from entering the premises of the Association.
5. The suspended trustees sought the mediation of the local Barangay, which issued a Notice of Hearing, dated November 9, 2010, a copy of which is attached as Annex “E”, urgently setting the hearing on November 10, 2010 at 5:00 PM, which the President, Mr. xxx, ignored, despite prior notice.
WHEREFORE, premises considered, in the interest of justice and in the interest of the long-term growth, development and welfare of the members of the Association and the Cooperative, we, the undersigned suspended/aggrieved trustees of the Association, with the full support and in behalf of a great majority of the members of the Association, hereby:
1. Demand the immediate RECONSIDERATION, RECALL, NULLIFICATON AND SETTING ASIDE of the aforecited Board Resolution suspending us for 30 days;
2. Demand the immediate setting of a SPECIAL HEARING to resolve our motion for reconsideration;
3. Demand the immediate disclosure of the records the alleged general membership meeting allegedly held on October 31, 2010, wherein an alleged one-third of the members present allegedly approved our suspension, e.g., notice of meeting, attendance sheet, minutes of meeting;
4. Demand an immediate written apology by the President, Mr. xxx, and his four (4) co-signatories in the aforecited unnumbered Board Resolution for the injustice, mental anguish, sleepless nights, ridicule and humiliation that they had maliciously and unlawfully inflicted on us;
5. Demand the immediate convening of a SPECIAL GENERAL ASSEMBLY of the Association, with prior due notice to the members, to democratically discuss and resolve with finality all the fundamental and long-term legal and organizational issues and reliefs stated in the two (2) an MANIFESTATIONS AND PETITONS, marked as Annex “A” and Annex “B” hereof, supra, e.g., voluntary dissolution of the Association, transfer of the funds, assets, franchises, concessions and contracts to the Cooperative, and many others, the said assembly to be observed, attended, and monitored by official representatives of the General Manager of the Manila xxx Authority, the Undersecretary for xxx Standards, the Chairperson of the Cooperative Development Authority, and the Chairperson of the Office of xxx, with prior notice to the said Offices.
FURTHER, we pray for such and other remedies as may be deemed just and equitable in the premises.
Thank you.
Very truly yours,
(SIGNATURES)
Cc:
Board of Trustees and
General Membership
XXX TAXI DRIVERS
ASSOCIATION Inc.
Board of Trustees and
General Membership
Xxx TAXI DRIVERS
ASSOCIATION TRANSPORT
SERVICE COOPERATIIVE
Office of the General Manager
MANILA xxx AUTHORITY
Office of the Undersecretary
For xxx Standards
DEPARTMENT OF xxx
Office of the Chairperson
COOPERATIVE DEVELOPMENT AUTHORITY
Office of the Chairperson
Office of the xxx
Xxx Central Office
