Of Morality and Immorality

The time has come for me say a few things about morality and immorality in SLU. With the many speculations, dismay of some and judgment of others on my character and reputation, I chose to be silent for the last 8 months since my illegal termination last November 2007. With so much throbbing, every time I hear from a colleague in the University make false insinuations and thoughts about me, there was no day that I have not planned to give a response to the baseless, libelous and character assassination made against me by some employees. I chose to be silent not because I am afraid with the SLU admin but because I respect the principle of subjudice on my case which is now with the NLRC. The merits of my case are now within the hands of NLRC. As of the moment, I would not want to pre-empt any comment that would jeopardize my arguments in the NLRC. But one thing is for sure, I will not waiver nor succumbed to any offer of SLU admin on my case even if it means going up to the Supreme Court. Let my case be a glaring example of viciousness and utter display of cruel, evil and arrogant power of SLU admin to terminate an employee without just and reasonable cause. Let my case also be a classic example of the kind of fairness and brutality the SLU extends to her employees.

This open letter to the SLU community aims to expose what every single employee in SLU already knows. I was terminated by SLU because of the supposed immorality acts I have committed with the “supposed” sexual harassment I made to a Mongolian CICM foreign student. My answers to all these allegations are now with the NLRC for their perusal. I will give comprehensive information on my case on a separate letter soon. The irony on my termination is actually the fact that I was dismissed because of committing immorality. Believe it or not, the SLU admin thinks that getting rid of me makes them a moral force of goodness and propriety. They thought that what they have done against me was the right thing to do to an employee who had committed immorality acts. SLU admin believes that they are cloth with purity and with totally unstained ground. The SLU admin always project themselves as moral entrepreneurs in the University that every act they make carries with it the seal of God.

In my almost 8 years of employment with SLU, I have witnessed the pervasive illicit affairs of married faculty members and employees with their students and forbidden affairs of some admin officers to their employees and students. But how many employee/s or officers were penalized or reprimanded? I bet you know the answer. How many have seen a CICM priest who celebrate mass in the SLU chapel and a former SLU employee boastfully roaming around the city and seemingly happy being together? I bet you know this priest. One ranking SLU admin who “fathered” a child outside his marriage?- I guess you also know this person. More recently, a member of the SLU admin who was recently convicted by the RTC for harassment still got promoted? I still bet you also know this admin member.

With the many sexual harassment cases against employees with different ranges of gravity on the acts committed, I was the only employee in the history of all the many and endless labor cases of SLU, who was dismissed from employment. This is because I was never attuned to their oppressive ways and acts for I have consistently criticized the unchristian ways of the SLU admin. With the baseless allegations against me, the SLU admin could have easily thrown away the complaint against me since they know very well that the complaint was fabricated and push through by no less than my former department head who was hurt after I filed a case of malversation funds on the fund raising activity we had in our department. From day one, after they handed me the letter of complaint, I knew that the SLU administration was fully behind it (with my former department head leading every bit of the way) and was very determined in pinning me down. (My complaint by the way to my department head was NEVER even given an answer from no less than the SLU President While a complaint completely devoid of any truthfulness against me initiated by my department head became the reason for my dismissal). In a patented exercise of tyrannical acts, the SLU President terminated me without a single regard to my answers on the complaint and without a Christian consideration of the economic and financial consequences of his decision against my work and profession. What is even more painful was the fact that the concocted stories made by the Mongolian student were absolutely taken as the gospel truths by the members of the committee and the SLU administration. I am an assistant professor of the University from the time of my illegal dismissal who strived on my own to finished my Masteral degree and have proudly represented not only the school but the entire country for the American Summer Studies Institute in the U.S. and had numerously directed and written several plays staged in the CCA and Baguio and one who humbly tried to build my name and honor in my almost eight years in SLU, however, none of these “contributions and dedication “ were even appreciated to the prejudiced of my character and reputation in this case. They disposed of me so easily as if I am an evil person who had committed the most sinful act.

But then again, I am neither their ally nor their close associate who blindly tag along their capricious whims and interest. Maybe if I am an obedient follower, my fate in SLU would have been different. This is the present situation today in SLU. A lot of unequal application of justice: Those who foolishly follow them will go unharmed but those who remains a thorn is booted out.

So what morality are we talking in SLU?---there is none. Only fools and idiots buy the idea that SLU admin is out there to proclaim their new found moral ascendancy among its employees and students. They are as rotten and deceitful in many ways. The only consolation we can have is the fact that we do not pretend to be moral entrepreneurs because we know that we cannot also be one. But with the SLU admin, everything is possible-even sacrificing the employment of one just to meet their self-aggrandizing purpose. I challenged now the SLU President if indeed he believes that he can be a moral force in the University to clean up first his own backyard before he can pursue any serious and meaningful reforms on cases of sexual harassments and immorality in the University.

Just in case the SLU Administration will also file a case against you, don’t beg to them for mercy and compassion because you can never expect one. They are the meanest and most hypocritical creatures. Do not allow them to intimidate or buy you just because they have millions of pesos allotted specifically for their labor cases. They are as ruthless as the beast, very hungry to exercise their powers and very conceited in pursuing their perceived oppositionist by terminating them so that their capricious whims and interests shall always be kept to their side. With the many labor cases filed against SLU, just always be on guard and be vigilant because it happens so quickly how you can be their next target.

Jayson Moldero

CLARIFICATION OF ISSUES

FROM: ALDRIN L. APOLONIO

Secretary-General, Union of Faculty and Employees of Saint Louis

University

UFESLU

TOPIC: CLARIFICATION OF ISSUES

Dear Colleagues,

Last month, there have been some “papers” circulating around the campus about unresolved issues in the University such as (1) contractualization, (2) the union becoming a union of the administration because many officers of the UFESLU are now department heads, and (3) an attack on Father Jess Hechanova.

I want to categorically state that I DID NOT MAKE THOSE “PAPERS.” However, I AGREE TO SOME EXTENT to the criticisms made. Below are explanations on certain issues in the University.

I. About our taxes

Last January 29, 2008, the UFESLU submitted to the SLU Administration the following proposals:

(a) the 12,000 economic package should be RECLASSIFIED as RICE SUBSIDY so that this amount would NOT BE TAXABLE; and

(b) the EDUCATIONAL BENEFITS of the children of SLU employees should be made into a SCHOLARSHIP PROGRAM so that the tuition fee will NOT BE TAXABLE

HOWEVER, UNTIL NOW (!) or after SIX MONTHS (!) from the time the UFESLU submitted these proposals, the SLU Administration HAS NOT ANSWERED our proposals. Apay ngay nga haan da sumungbat? Bassit laeng met daytoy nga dawat tayo…

II. Contractualization

If we are to read our collective bargaining agreement (CBA), the probationary period of college teachers is two years or four semesters (CONTINUOUS and SATISFACTORY). So, on the FIFTH SEMESTER (after the four semesters of continuous and satisfactory service), the teacher should be PERMANENT. But in SLU, there are many teachers who have met the above qualifications and yet they are still considered contractuals (!).

The UFESLU is now doing some move to resolve this conflict. Hopefully, this issue will be resolved WITHIN the University and there is no need to file a case OUTSIDE. Apay ngay? Apay mabalin aya nga FOREVER contractual ti maysa nga teacher? Ni apo padi met…

III. Department Heads as officers of the UFESLU

Some of the officers of the UFESLU were elected as officers WHILE THEY WERE DEPARTMENT HEADS or GRADUATE PROGRAM COORDINATORS. So, the employees voted for them even if the employees knew that they are department heads or graduate program coordinators. The others officers were only appointed as department heads after they were elected as UFESLU officers.

In a company, the employees are classified as (1) Managers, (2) Supervisors, and (3) rank-and-file. In SLU, the Managers are usually the HEADS (or Directors, Superintendent, Deans) of the different offices. Supervisors are those “employees who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment” [Art. 212 (m), Labor Code]. Rank-and-file are (just like us) the ordinary employees. The UFESLU is a union of the rank-and-file employees.

Under the law (Art. 245, Labor Code), MANAGERS CANNOT JOIN the UNION of the rank-and-file employees. So a Dean, Director, Superintendent, University President, University Treasurer, University Registrar or a Vice-President CANNOT join the UFESLU.

Also, SUPERVISORS CANNOT join the UNION of the rank-and-file (Art. 245, Labor Code). The reason why managers and supervisors cannot join the union of the rank-and-file is because if these managerial employees (or Supervisory employees) would belong to a Union, the latter (managerial or supervisory employees) might not be assured of their loyalty to the Union in view of evident conflict of interests. The Union can also become company-dominated with the presence of managerial employees (or supervisory employees) in Union membership. (Bulletin Publishing Co., Inc., vs. Hon. Augusto Sanchez)

So, the question now is, “In SLU, who are the supervisors who cannot join the UFESLU?” They are the persons who EFFECTIVELY RECOMMEND managerial actions which recommendation requires their INDEPENDENT JUDGMENT. [Art. 212 (m), Labor Code).

Department Heads or Graduate Program Coordinators are chief and often especially-oriented who work with and commonly are in charge of a group of employees in a college. They are the persons designated by the employer-management to direct the work of employees and to supervise and oversee them. They are representatives of the employer-management with authority over particular groups of workers, processes, operations, or sections of the school. They are the link in the chain of command and the bridge between the management and labor. In the performance their work, Department Heads and Graduate Program Coordinators definitely use their independent judgment (like in the evaluation of teachers) and are empowered to make recommendations for managerial action with respect to those employees under their control (like the hiring or non-hiring of a teacher). Their work is NOT basically routinary and clerical.

So….What do you think, are department heads supervisors who cannot be members of the UFESLU?

IV. Maternity leave computation

A faculty member who goes on maternity leave usually will “pay back” to SLU a certain amount when she returns to work. So, employees on maternity leave will NOT use their 60 days (or 78 days) of maternity leave since the longer their leave, the higher the amount that they will PAY to SLU.

The UNION brought this matter to the SLU Administration. However, the SLU Administration insists that its computation is correct and teachers should still “pay back” a certain amount after their maternity leave. Upon an inquiry by the UNION, the Department of Labor and Employment (DOLE) did not accept the computation of SLU. I am sure Father Jess Hechanova knows this problem. Apay ngay nga parparigaten yu apo padi ti empleyado?

V. Summer Loading

The UFESLU submitted to the SLU Administration the following proposals to solve the problem on summer loading:

1. Decrease the minimum class size during the summer term. The minimum class size should be decreased from thirty -five (35) to a MAXIMUM of twenty-five (25) students in each class.

2. Maintain a thirty-five (35) student MAXIMUM for each class (all classes) during the summer term.

3. Averaging. During the summer term, some classes have full fifty students (50) but some classes also have less than the SLU imposed thirty-five (35) student-for-each-class. Since some classes already have 50 students, the classes with less than 35 students should not be dissolved. With this, the need to fill the class to a maximum of 35 students is already solved with the “excess” of other classes.

4. Paid summer in-service work of faculty members such as curriculum development, syllabi upgrading, research work, module making, and other possible work related to their teaching. This summer work will be given equivalent units.

5. Return to the old system of assigning permanent general faculty members for each of the colleges (not globalization) Awanen koma ti globalization…

6. Close coordination with the mother college of general education teachers on the subject offerings during the summer term.

7. The problem on NSTP

8. Allow incoming freshmen to enroll for summer

The answer of the Administration to these proposals? NONE (!)

So, the UFESLU has already filed a case before the National Conciliation and Mediation Board (NCMB) so that this problem will be solved. Mabalin koma nga ma-solve daytoy nga problema ditoy SLU ngem haan met marikna da apo padi ti rigat iti teachers no summer.

We heard that DEANS receive about 60,000 pesos a month. Ofcourse, our VICE-PRESIDENTS and the UNIVERSITY PRESIDENT receive HIGHER. Baka times 2 pa! This means that during SUMMER, these people receive the SAME monthly salary. But for the teachers who are WORKING HARD to TEACH during summer, they ONLY receive about 8,000 a month for three units. (!) APAY NGAY? Apo padi, haan kayo kadi maasi kadakami?

VI. Holiday Pay

The SLU Administration has NOT PAID us our holiday pays for the holy week (March 21 and 22), Independence Day (June 12). Its reason is that these holidays ARE NOT PART OF THE SEMESTER. But we have been receiving holiday pay in the past. Manu lang met apo padi nu bayadan dakami iti holiday pay? Haan met siguro mabawasan iti kinabaknang iti SLU.

VII. The complaints against three MEMBERS OF THE MANAGEMENT

At the onset, it is very important to know that these three individuals are PART OF MANAGEMENT. Please take note later that they have pending cases and yet NOTICE the “penalty” or “action” given to the complaints against them.

The FIRST MEMBER OF MANAGEMENT, whom we shall refer to as “ID,” is accused of bringing home a “boom” without permission from the University. This matter was brought to the attention of Father President who PROMISED to conduct an investigation and impose the PROPER penalty. A few months later, we heard that Father President APPROVED the SABATICAL LEAVE of “ID” for three months. Is this what Father President calls as PENALTY for “ID”? Is it unfair? Look, if an ordinary employee is accused of bringing home (or stealing) something from the University, that ordinary employee will either be DISMISSED or SUSPENDED. But for “ID” (who is a member of the management), he is REWARDED a SABATICAL LEAVE for committing an offense in the University. Apay ngay?

For the SECOND MEMBER OF MANAGEMENT, whom we shall call as “LES,” several teachers complained of a BIASED evaluation tool that “LES” is maintaining. “LES” is reportedly using this evaluation tool to FAIL teachers who are against him. The problem was brought to the attention of the SLU Administration who PROMISED that the matter will be taken up in the in-service seminar of the teachers last May 2008. However, during the in-service seminar, this problem was not taken up. Again, we observe that if it is a MEMBER OF THE MANAGEMENT who is charged of an offense, the SLU Administration IMPOSES a LIGHTER PENALTY or the SLU MANAGEMENT does not take any action to correct said mistakes.

In the case of the Department Head, SHE FAILED in her evaluation from her subordinates and despite protests against the department head from the teachers, the Administration continuous to keep her as department head.

Apay ngay nga haan nga pareho to justice ditoy SLU?

VIII. Salary Increase of the employees

In the computation shown by the SLU Administration, SLU collected LAST YEAR the amount of 420 million pesos from the tuition fee (college only). This school year (2008-2009), there is an increase of 4.5% in the tuition fees for college only. The computation of SLU Administration of the 4.5 % increase is 420 (SLU’s earnings last year) multiplied by 4.5% = 19 million pesos. So, the increase (or incremental proceeds) is 19 million. But, under the law, employees will only get 70 % of the 19 million which is about 13 million. The 6 million (19 million minus 13 million) will be taken by the SLU Administration.

Therefore, SLU Administration will surely get 420 million this year from the tuition fees PLUS 6 million (from its share in the increase.) or 426 million!!!!!!!!

From our share of 13 million, the SLU Administration computed that our salary increase is supposed to be only ONE PERCENT. But the SLU Administration increased this to FIVE PERCENT. Kasla nga naka-utang tayo pay iti SLU Administration.

But looking at the MONEY of SLU this year (426 million!), the SLU Administration can STILL increase our salaries for more than FIVE PERCENT. Isunga mabalin nga umabot inggana 12 percent iti salary increase koma iti employees. But, I guess the SLU Administration is NOT giving the employees a higher salary increase since it is saving for the RESEARCH SEMINAR of the Deans, Heads of Offices, all the Vice-presidents, and the SLU President inBohol, Palawan, Leisure Coast, and Hotels Or maybe, they will AGAIN visit China, Hongkong, India, South Korea, etc. I only hope they could also visit IRAQ!

Apay ngay nga bukbukudan yu ti gawis (grasya)?

CATHOLIC UNIVERSITY…

THESE ARE MY PERSONAL VIEWS AND THESE DO NOT REFLECT THE SENTIMENTS OF THE OTHER OFFICERS OF THE UFESLU.

ALDRIN L. APOLONIO

Secretary-General, UFESLU