NAV

Monday, July 5, 2010

Mission Statement by an International SHELL's Critiques

Dear Sen. Chiz,

Below is a mission statement by a group of critiques whose  experiences, beliefs, convictions and aspirations are exactly similar to mine.  They have searched and seen how SHELL conducts her business  in a worldwide perspective.  I  myself  in my own niche in TABANGAO SHELL REFINERY  witnessed , experienced and been a victim of the same coersive, corrupt, deceptive and inhumane  management  culture. The plague is not only confined in the fences of the refinery but also in the halls and hallways of  DOLE ,  the Judiciary and in a number of government offices and institutions.
I know that these revelations are not alien to you but maybe the venom that SHELL injected into our system
have paralyzed  our leaders' will to fight. I believe you are not among those who did not even resist and worse corraborated  with SHELL in the expense of the their own dying  people.

With pride Sen. Chiz,  I present to you their Mission Statement : xxx

         
Mission

royaldutchshellplc.com

is an entirely

non-commercial website
Our objectives are simple. We want Royal Dutch Shell executives to act at all times in accordance with Shell General Business Principles which include the claimed core principles of honesty, integrity, openness and respect for people in all of Shell's dealings.
This is surely not an unreasonable ambition given that the principles were devised by Shell, are promoted by Shell and are supposedly current and binding on all Shell operations everywhere. In other words, we are only asking Shell executives to do what they already claim to be doing.
The plain fact is that if Shell executives had abided with the SGBP, scandals such as the reserves fraud involving blatant deceit and cover-up, the preventable Brent Bravo deaths which flowed from the Shell "Touch F*** All" safety culture on North Sea Platforms, and the more recent PR humiliations arising from outrageous examples of greenwash advertising, could not have occurred.
We do not believe that it is morally acceptable that Shell executives are indemnified so that even if they cheat, deceive and cover-up serious misdeeds, treating shareholders and the public as gullible fools, they are still able to walk away as winners. In the case of Sir Philip Watts, with a severance package/pension pot reportedly worth $18.5 million USD. We think that this is disgraceful situation at odds with all ethical norms including the SGBP and will continue to say so on this website.
The SGBP is being been used as a PR tool to promote undeserved confidence in the scruples and honesty of Shell senior management. For example, the SGBP featured in the Form 20F Declarations filed with the U.S. Securities and Exchange Commission thereby generating confidence in the proven reserves volumes which had been inflated i.e. were false.
While Shell execs continue to make pledges of ethical trading which they flout, we will continue our humble efforts to expose their hypocrisy and we welcome the support of others who like us are not prepared to put up with such deception.
The gap between Shell rhetoric and reality is evidence from Shell's appalling track record including a leadership role in price fixing cartels, numerous Clean Air Act violations, repeated environmental infringements, multimillion dollar fines for groundwater contamination, more fines for unauthorised venting and flaring of gas. We also have to add to this litany, Shell's exploitation and reckless disregard of the safety of its employees:
xxx

Regards,

Antonio L. Buensuceso Jr.

 

 

SHELL as SEEN by Others' EYES

Dear Sen. Chiz,

May I show you some salient points that it is not only my
co-workers in TABANGAO SHELL REFINERY and
myself  been victims of  SHELL's  ridiculous and anomalous
management philosopy.
Please see my research bounty today.

In the wake

of Shell

"lies corruption,

despoliation

and death":

Andrew Rowell

in his

remarkable article

"Unloveable Shell,

the

Goddess of Oil"

Jun 5th, 2008
by John Donovan.

Unloveable Shell,

the Goddess of Oil


By John Donovan
In view of the overnight news from Nigeria it seems an appropriate time to publish for the first time on the Internet the most dramatic masterpiece about Shell and its atrocious track record, especially in Nigeria, that we have ever seen. Authored by Andrew Rowell, it was published by The Guardian over 10 years ago on 15 November 1997 under the title: Unloveable Shell, the Goddess of Oil
It is a large PDF file, so please be patient while it loads.
http://www.shellnews.net/PDFs/Guardunlov15Nov1997-1.pdf
The following extract is from a stirring letter to the editor of The Guardian by Mark Moody-Stuart published in the Guardian newspaper in response to the article.
Moody-Stuart said:
"…the Statement provides, for our employees to follow and for the outside world to judge us by, an ethical framework which is mandatory, not optional… just having those principles is not enough. In the past… an oil company could say 'trust me' and expect that to be enough. Today, people say, 'tell me – listen to me – show me'. Trust has to be earned by transparency. That's one of the most important lesson's we've learned in Shell…"
It appears from the news that in fact Shell has not been listening.
Dr Huong, the Shell whistleblower being sued for defamation by EIGHT Royal Dutch Shell companies, may wish to bring this article to the attention of the Trial Judge and ask why Shell did not sue Andrew Rowell or The Guardian for libel.
If anyone has a copy of the complete letter from Mark Moody-Stuart, we will happily publish it. The content was mentioned in correspondence I had with Moody-Stuart at the time.
Printed below is the text of the article (we do however recommend looking at the original article via the above link so that you can view the dramatic graphics)
The Guardian: Unloveable Shell, the Goddess of Oil
November 15, 1997
For a century, Shell has explored the Earth to make our lives more comfortable. But in its wake, says Andrew Rowell, lies corruption, despoliation and death
The Queen and the Duke of Edinburgh went to the Shell Centre on the Thames riverside near Waterloo last Tuesday, to crown the company's centenary celebrations. Critics claim the timing of the Queen's visit was slightly unfortunate: it came just one day after the second anniversary of Ken Saro-Wiwa's death in Nigeria: he was campaigning against Shell's oil exploitation in the region.
The Shell Transport and Trading Company (STTC) has risen from its humble roots in a cramped office in the East End to become one of the most successful corporations of the century. What we collectively know as "Shell" is in fact more than 2,000 companies. Last year, the Shell Group's profit was a record pounds 5.7 billion, the proceeds from sales of pounds 110 billion. "Were our founder, Marcus Samuel, to reappear today, I do not think he would be displeased with what has grown from his efforts," says Mark Moody-Stuart, STTC's chairman.
As part of the centenary celebrations, the cream of the City were invited to a reception at the Guildhall. There is also to be a commemorative book. Whilst it may mention the Shell Better Britain Campaign, and even the controversy over Brent Spar, not everyone will agree with the authorised biography's version of Shell's history. Here is a less authorised approach.
After it merged in 1907 with its rival Royal Dutch, the Royal Dutch Shell company was formed; its first chairman was the Dutchman Henri Deterding. By the 1930s, Deterding had become infatuated with Adolf Hitler, and began secret negotiations with the German military to provide a year's supply of oil on credit. In 1936, he was forced to resign over his Nazi sympathies.
During the early 1940s, as the world waged war, Peru and Ecuador had their own armed border-dispute – over oil. Legend in Latin America says that it was really a power struggle between Shell, based in Ecuador, and Standard Oil in Peru. The company left a lasting reminder of its presence in the country: a town called Shell. Activists in Ecuador are seeking to get the town renamed Saro-Wiwa.
In the post-war years, Shell manufactured pesticides and herbicides on a site previously used by the US military to make nerve gas at Rocky Mountain near Denver. By 1960 a game warden from the Colorado Department of Fish and Game had documented abnormal behaviour in the local wildlife, and took his concerns to Shell, who replied: "That's just the cost of doing business if we are killing a few birds out there. As far as we are concerned, this situation is all right."
But the truth was different. "By 1956 Shell knew it had a major problem on its hands," recalled Adam Raphael in the Observer in 1993. "It was the company's policy to collect all duck and animal carcasses in order to hide them before scheduled visits by inspectors from the Colorado Department of Fish and Game." After operations ceased in 1982, the site was among the most contaminated places on the planet, although Shell is now trying to make it into a nature reserve.
At Rocky Mountain, Shell produced three highly toxic and persistent pesticides called the "drins": aldrin, dieldrin and endrin. Despite four decades of warning over their use, starting in the 1950s, Shell only stopped production of endrin in 1982, of dieldrin in 1987 and aldrin in 1990, and only ceased sales of the three in 1991. Even after production was stopped, stocks of drins were shipped to the Third World.
Another chemical Shell began manufacturing in the 1950s was DBCP, or 1,2 -Dibromo-3-Chloropropane, which was used to spray bananas. This was banned by the US Environmental Protection Agency in 1977 for causing sterility in workers. In 1990, Costa Rican workers who had become sterile from working with the chemical sued Shell and two other companies in the Texan Courts. Shell denied that it ever exported the chemical to Costa Rica and denied that it exported it to any other country after the ban in 1977. The case was settled out of court.
Just as people had begun to question Shell's products, so they began to challenge its practices. In the 1970s and 1980s, Shell was accused of breaking the UN oil boycott of Rhodesia (now Zimbabwe) by using its South African subsidiary and other companies in which it had interests. Shell, singled out by anti-apartheid campaigners for providing fuel to the notoriously brutal South African army and police, responded by hiring a PR firm to run an anti-boycott campaign.
By the 1980s criticism of Shell's operations was spreading. From Inuit in Canada and Alaska, to Aborigines in Australia and Indians in Brazil, indigenous communities were affected by Shell's operations.
In the Peruvian rainforest, where Shell conducted exploration activities, an estimated 100 hitherto uncontacted Nahua Indians died after catching diseases to which they had no immunity. Shell denies responsibility, and says that it was loggers who contacted the Nahua. By the end of the decade, the company's image was suffering in the US and UK, too.
In April 1988, 440,000 gallons of oil was discharged into San Francisco Bay from the company's Martinez refinery, killing hundreds of birds. The following year, Shell spilt 150 tons of thick crude into the River Mersey, and was fined a record pounds 1 million.
But by now, the company was responding to growing international environmental awareness. "The biggest challenge facing the energy industry is the global environment and global warming," said Sir John Collins, head of Shell UK, in 1990. "The possible consequences of man-made global warming are so worrying that concerted international action is clearly called for."
Shell joined the Global Climate Coalition, which has spent tens of millions of dollars trying to influence the UN climate negotiations that culminate in Kyoto next month. "There is no clear scientific consensus that man-induced climate change is happening now," the lobbyists maintain, two years after the world's leading scientists agreed that there was.
At the same time, the company has taken its own preventive action on climate change and possible sea-level rise by increasing the height of its Troll platform in the North Sea by one metre. By 1993, as Shell's spin-doctors were teaching budding executives that "ignorance gets corporations into trouble, arrogance keeps them there", 300,000 Ogoni peacefully protested against Shell's operations in Nigeria. Since then 2,000 have been butchered, and countless others raped and tortured by the Nigerian military.
In the summer of 1995 there was the outcry over the planned deep-sea sinking of the redundant oil platform Brent Spar, and in November Ogoni leader Ken Saro-Wiwa was executed, having been framed by the Nigerian authorities. At the time Shell denied any financial relationship with the Nigerian military, but has since admitted paying them "field allowances" on occasion. This year in Nigeria, the three-million-strong Ijaw community started campaigning against Shell, leading to another military crackdown.
"The military governor says it is for the purpose of protecting the oil companies. The authorities can no longer afford to sit by and have the communities mobilise against the companies. It is Ogoni revisited," says Uche Onyeagucha, representing the opposition Democratic Alternative. In Peru, Shell has returned to the rainforest. It acknowledges "the need to consider environmental sustainability and responsibility to the people involved", but the move is still criticised by more than 60 international and local environmental, human-rights and indigenous groups.
"Shell has not learnt from its tragic mistakes," says Shannon Wright from the Rainforest Action Network, which believes there should be no new fossil-fuel exploration in the rainforest: "They continue to go into areas where there are indigenous people who are susceptible to outside diseases." Meanwhile, Shell publicly talks of engaging "stakeholders".
It hopes that we, as consumers, will continue to give it a licence to operate. However, for each barrel produced, the ecological and cultural price increases exponentially. Everyone knows we need to reduce our consumption of oil: but Shell's very existence depends on selling more of it. Senior executives are said to be "girding our loins for our second century" because "the importance of oil and gas is likely to increase rather than diminish as we enter the 21st century". Can we let that happen?
——————————————————————————–
THIS WEEK'S essayist, Andrew Rowell, is a freelance environmental consultant who has written extensively on the oil industry. He is author of Green Backlash – Global Subversion Of The Environmental Movement (Routledge, 1996)
I have more to show you ,  Sen. Chiz.
Regards,
Antonio L. Buensuceso Jr.

Tuesday, April 27, 2010

FROM HIRING TO DEPARTURE

FROM HIRING TO DEPARTURE
Year 1978  to Year 2003

Figure 1 Shell Refinery Tabangao


I was hired by Pilipinas Shell Petroleum Corporation on 30 May 1978 and worked as  oil movements plant operator on her Tabangao refinery (Figure 1).  On this first year I have noted the perfect attendance scheme which I called perfect attendance scam has already been in placed (Figure 2). This scam had been a yearly endeavor and "awarding" was always ironically done during the annual Christmas Program.  Opponents of the scheme come then go either bribed with promotions or resigned. Discussion over the issue have been part of my yearly job performance appraisal yet Shell would not allow the scheme to be fairly resolved up to year 2000.  On my part I refused to accept the bribe nor quit my job nor weaken my resolve to plea for sanity to the Perfect Attendance Scheme.



Figure 2 sanity on perfect
attendance sought page 1
Figure 3 sanity on perfect
attendance sought page 2














Year 2000


01 January 2000 
PLEDGED NOT TO CUT HAIR



 I took the pledge that I will not cut my hair unless Shell gave sanity to the Perfect Attendance Scheme. This pledge I openly declared to my co-employees, supervisors and managers.  



Year 2001


          September 21, 2001  
          

CBA 2001 was signed.
  

This CBA had been  controversial due to the fact that after a few days  all the union officers were given a fabulous party in Metropolis Manila and after a couple of weeks the union president and another in the the union's executive panel was given a trip to Singapore then to Thailand  in suspected false pretenses of training.  These set of officers became adamant in attending to issues pertaining benefits covered in the CBA like non payment of PRB ( performance related bonus) and threats on union members termination of employment. 


Poem I wrote when the CBA 2001 was signed.
Dedicated to the lower rank in position
members of the union who had been swindled
by leaders who negotiated best for themselves.
Click on the image to enlarge.


Poem translated into English.   This poem draw
ire from concerned union officers  and Shell
management team during those times.
Click on the image to enlarge




Year 2002

April 5, 2002

SHELL WITHHELD PRB PAYMENT 
TO MY RELATIVE

It was already  been agreed  through the Labor Management Cooperation Meeting that Ritchie Coronel an employee who just have resigned and immigrated to the U.S. that he would be receiving his  full Performance Related bonus.  However,  during the payout day management refused  to release the payment when they learned that Ritchie Coronel is my relative and I was assigned by her mother  to receive that PRB payment for him. 



LMC Meeting  dated April 5, 2002
where it was known that Richie Coronel
will receive his full Performance Bonus



May 4, 2002

SON DENIED OF RECOGNITION

My son, Mosses C. Buensuceso, a Shell scholar from high school to college garnered the First Place in the Licensure Examination in the Electronics and Communications Engineers given by the Board of Electronics and Communications Engineering on April 9 and 10, 2002 on Manila, Baguio and Cebu Cities. The Shell management ignored to acknowledge  or congratulate  him for his achievement despite their full knowledge of this event due to the fact that all refinery departments shared a number of gallons of ice cream as celebration of the event.  My son even had asked me when he would be invited by Shell management for a congratulatory meeting.  I responded that management might not invite him anymore as Shell did during his high school and college scholarship awarding  because I myself had not been congratulated by them.


Certificate  of Distinction





June 28, 2002 

UNION OFFICER'S ALLEGED MISCONDUCT INQUIRY

Based on these issues and problems by union members in relation with the recent concluded CBA, which the union officers refused and failed to act. HENCE,  I started an inquiry. 



Figure 4 Letter request for the complete
Minutes of Negotiation Meetings

 I  requested through letter from the union secretary copy of the CBA minutes of meeting.   See Figure 4.



On these record of negotiation meetings I noticed three questionable observations.

THAT THE:

1) Minutes of negotiation meetings #34, #37 and #39, where  salary increases and related issues were discussed,  were missing and according to the union secretary those minutes were agreed to be omitted by the union and management panel of negotiators.  This is a violation of the ground rule that minutes of the negotiation meetings shall be duly recorded,  to enable transparency and honesty and avoid cheating and fraud  in the conduct of the negotiation.   See Figure 6.

2) The requirement of two non-officer union member presence on the negotiation meetings to act as witnesses or observers on these negotiations was likewise agreed by both union and management panels to be suspended. This is another violation of the ground rule that there should be  two non officer union member to act as observers to promote honesty, transparency to avoid cheating and fraud in the conduct of the negotiation.   See Figure 7.

3)  The  three Senior Office Staff got 10% maximum rate of salary increase instead of just 9.5% based on their position level. But on account of their 16 years length of service they were given a 10% maximum salary rate increase.  Why the same principle was applied to them but had been denied to me, when in fact  I even had a longer years of service of 24 years?


Figure 6 Ground rule that minutes
of the negotiations shall duly recorded.
see it  along the arrow head line.


Figure 7 Ground rule that two non officer
union member witness shall present in
 the negotiation meetings  as observers





July 13, 2002  

LETTER TO THE UNION PRESIDENT

I wrote a letter to the union president that since the CBA 2001 had been completed, it was just right to put those minutes into writing so that  we could have basis for the complaint we as members of the union are presenting to management.  Besides, it has to be recorded in conformance with the ground rules. However, they refused to write down the minutes.  See Figure 5.




Figure 5 letter request to the union president to
formally write the omitted minutes of
negotiation meetings
Click on the image to enlarge


July 15, 2002

PETITION FOR 
SALARY RATE ADJUSTMENT 

I wrote a petition to  Mr. Bing Veneracion Process Manager, under Mr. Rico Bersamin,  as General Manager, for adjustment of my salary rate increase from 9.5% being a Senior operator to the maximum rate of 10% as what the Senior Office staff got. These three Senior office staff should get only 9.5% being at the same level of Senior operator in Operations who got 9.5%.  However, these Senior staff were given a maximum rate of 10% increase on account of their 16 years of service. I petitioned that I be given the same consideration on account of my even longer length of service of 24 years.  But my petition was ignored and worse no hearing of my petition was ever conducted despite my persistent follow ups,  a violation of my right to due process.   See Figures 8.1, 8.2 and 8.3



Figure 8.1 Petition for salary rate adjustment
page1

Figure 8.2 Petition for salary rate adjustment
page2


Figure 8.3 Petition for salary rate adjustment
page3

November 28, 2002

REDUNDANCY IS A FALLACY

Mr. Rico Bersamin
General Manager
Shell Tabangao Refinery 

Letter of termination of employment effective December 31, 2002 written by   Mr. Rico Bersamin. On this Mr. Rico Bersamin had one month till December 31, 2002 to look  for somebody to replace me  but he was unable to find anyone that was why he wrote  an amended letter dated December 17, 2002 (Figure 11) where he requested me to stay, " in view of the requirement of the  business,"  up to February 15, 2003. These, letters dated November 28, 2002 and letter dated December 17, 2002,  are documentary evidence that prove,  "There existed no redundancy of positions during that time",  because if there was, Mr. Rico Bersamin should have released me at once on December 31, 2002 and should have not requested me to stay "in view of the requirement of the business" until February 15, 2003.


Figure 9 Letter of Termination of Employment
See Figure 11 the amended letter 



November 29, 2002


RANKING PROCESS SHOULD BE AHEAD OF THE LIST  BUT IN REALITY THE LIST EXISTED AHEAD OF THE RANKING PROCESS

List of employees to be terminated received by  DOLE on November 29, 2002. The Ranking process done by Shell supervisors which supposed to be producing this list of employees to be terminated was executed on January 29, 2003.

Hence,  making the " ranking process " DONE  LATER made it subservient to the  LIST already prepared and dictated by Shell.


Figure 10 List of employees to be terminated
Antonio L Buensuceso is already on the list.
This list was already known before the ranking process
by Shell supervisors was carried out.

December  17, 2002  

IN  VIEW OF THE REQUIREMENTS
OF THE BUSINESS

Amended notice of termination written by Mr. Bersamin extending my employment until February 15, 2003 re: in view of the requirements of the business. This clearly showed that the reason of redundancy as an excuse to terminate my employment was devoid of merit for the simple reason that if redundancy exists during those times Mr. Bersamin could not have requested me to stay until February 15, 2002 in view of the requirement of the business.

In fact if there was really redundancy, meaning there are excess operators more than the business needs, Mr. Bersamin should have automatically released me on December 31, 2002 as he said on his letter to dated November 28, 2002 and should have not requested me to stay for another month and a half until February 15, 2003.

Figure 11 Amended Letter of Termination

Year 2003

29 January 2003 

RANKING  FIRST LIST NEXT


Ranking, (basis for determining who among the employees are to be terminated),   was conducted. Note this ranking exercise was carried out after the list of employees to be terminated were already determined and submitted to DOLE  on November 29, 2002.

This is a documentary evidence that the ranking exercise was rigged to conform with the list that have been prepared and determined earlier on November 29, 2002.   This gave credence to the the information relayed to me by some supervisors close to me who asked for forgiveness that they could resist the instruction by their boss that I have to be removed from employment.


Figure 12.1 Ranking report page 1.
Please note the date when this ranking
exercise was carried out.



Figure 12.2Ranking report page 2
note that Antonio Buensuceso is
second to the last on the list

This rigged ranking exercise was an expression of personal wrath of Shell against my person. This personal ire led Shell to embarrass me in front of my co-employees, friends and family when Shell rank me with poorest work performer through the action of Shell supervisors who made the rating.  Shell knew that being an employee like me with high regard for my honor, dignity and integrity would excessively be pained by linking to my person, a rating as poorest work performer.  They did not just say that I am a poor work performer, they even vainly announced it to my extreme distress and embarrassment. The company made the rating written and be known publicly as a reasonable proof to show cause why I should be terminated from employment. These acts Shell gave me so much pain and suffering  even  up to these times.  Shell did not just took me out employment but even deprived me good chances of being employed again due to the blight Shell casted upon my person.

This rigged ranking which Shell made with respect to job performance, the same being announced, written and published is a violation of the 1987 Philippine Constitution Article 2 : Declaration of Principles and State Policies, Section 11 which said the following " The state values the dignity of every human person and guarantees full respect for human rights."  This means that the state gives importance to the dignity of every individual  and safeguard full respect for human rights.  The rigged ranking exercise made by the supervisors who had no other choice but to follow instructions of Shell showed reckless exercise of management prerogatives resulting to violations of my human rights, grave embarrassment to my person, dissolution of my dignity.  Be it that justice be dispensed accordingly and appropriate sanctions or penalty be imposed on the party liable for these violations.

In addition, aside from the fact that subservient supervisors would do the ranking, Shell knew that I could not move to defend myself because of the fact that I had let them knew that the redundancy was illegal and ranking being an exercise in continuance of an illegal act,  consequently making the ranking exercise an illegal endeavor as well.

Shell knew fully well that I could not join, object or participate on this ranking exercise,  because of the simple reason that if I did that I would be falling into a trap;  meaning that should I have participated in the ranking deliberations, this action would  legitimize  the redundancy program which I have declared illegal in the first place.  Shell took advantage of this  situation and  obtusely malign my  honor and reputation.


15 February 2003 

Employment termination


RA 7641 RETIREMENT PAY LAW CIRCUMVENTED BY SHELL TO COMPLY  WITH  
HER OBLIGATION ON PAYMENT 
OF SEPARATION PAY,  UNLAWFUL

Please see Figure 13
Figure 13  Separation Pay document where
my Retirement Pay Accounts are misappropriated
by Shell circumventing RA 7641, subject to penal
provisions under Article 288 of the Labor Code of
the Philippines


In addition, my youngest child  happened to be a Shell high scholar with one year remaining scholarship after Shell terminated my employment.  This remaining one year scholarship, tuition fee and monthly allowances were all taken away from me.

The company policy with regard to scholarship is not alien to me because I have been entrusted in a couple of years by Mr. Butch Bautista, a Shell retiree who like me, had a son and a daughter both Shell scholars, also lives in Bauan, to receive the monthly allowances for them.  But the same consideration and treatment has been denied from me by Shell.
The TRUTH will set you FREE.

CHRONOLOGICAL EXPOSITION OF ISSUES (under construction)

FROM HIRING TO DEPARTURE
Year 1978  to Year 2003

Figure 1 Shell Refinery Tabangao


I was hired by Pilipinas Shell Petroleum Corporation on 30 May 1978 and worked as  oil movements plant operator on her Tabangao refinery (Figure 1).  On this first year I have noted the perfect attendance scheme which I called perfect attendance scam has already been in placed (Figure 2). This scam had been a yearly endeavor and "awarding" was always ironically done during the annual Christmas Program.  Opponents of the scheme come then go either bribed with promotions or resigned. Discussion over the issue have been part of my yearly job performance appraisal yet Shell would not allow the scheme to be fairly resolved up to year 2000.  On my part I refused to accept the bribe nor quit my job nor weaken my resolve to plea for sanity to the Perfect Attendance Scheme.



Figure 2 sanity on perfect
attendance sought page 1
Figure 3 sanity on perfect
attendance sought page 2














Year 2000


01 January 2000 
PLEDGED NOT TO CUT HAIR



 I took the pledge that I will not cut my hair unless Shell gave sanity to the Perfect Attendance Scheme. This pledge I openly declared to my co-employees, supervisors and managers.  



Year 2001


          September 21, 2001  
          

CBA 2001 was signed.
  

This CBA had been  controversial due to the fact that after a few days  all the union officers were given a fabulous party in Metropolis Manila and after a couple of weeks the union president and another in the the union's executive panel was given a trip to Singapore then to Thailand  in suspected false pretenses of training.  These set of officers became adamant in attending to issues pertaining benefits covered in the CBA like non payment of PRB ( performance related bonus) and threats on union members termination of employment. 


Poem I wrote when the CBA 2001 was signed.
Dedicated to the lower rank in position
members of the union who had been swindled
by leaders who negotiated best for themselves.
Click on the image to enlarge.


Poem translated into English.   This poem draw
ire from concerned union officers  and Shell
management team during those times.
Click on the image to enlarge




Year 2002

April 5, 2002


SHELL WITHHELD PRB PAYMENT 

TO MY RELATIVE

It was already  been agreed  through the Labor Management Cooperation Meeting that Ritchie Coronel an employee who just have resigned and immigrated to the U.S. that he would be receiving his  full Performance Related bonus.  However,  during the payout day management refused  to release the payment when they learned that Ritchie Coronel is my relative and I was assigned by her mother  to receive that PRB payment for him. 


LMC Meeting  dated April 5, 2002
where it was known that Richie Coronel
will receive his full Performance Bonus



May 4, 2002

SON DENIED OF RECOGNITION


My son, Mosses C. Buensuceso, a Shell scholar from high school to college garnered the First Place in the Licensure Examination in the Electronics and Communications Engineers given by the Board of Electronics and Communications Engineering on April 9 and 10, 2002 on Manila, Baguio and Cebu Cities. The Shell management ignored to acknowledge  or congratulate  him for his achievement despite their full knowledge of this event due to the fact that all refinery departments shared a number of gallons of ice cream as celebration of the event.  My son even had asked me when he would be invited by Shell management for a congratulatory meeting.  I responded that management might not invite him anymore as Shell did during his high school and college scholarship awarding  because I myself had not been congratulated by them.


Certificate  of Distinction





June 28, 2002 

UNION OFFICER'S ALLEGED MISCONDUCT INQUIRY


Based on these issues and problems by union members in relation with the recent concluded CBA, which the union officers refused and failed to act. HENCE,  I started an inquiry. 



Figure 4 Letter request for the complete
Minutes of Negotiation Meetings

 I  requested through letter from the union secretary copy of the CBA minutes of meeting.   See Figure 4.



On these record of negotiation meetings I noticed three questionable observations.


THAT THE:

1) Minutes of negotiation meetings #34, #37 and #39, where  salary increases and related issues were discussed,  were missing and according to the union secretary those minutes were agreed to be omitted by the union and management panel of negotiators.  This is a violation of the ground rule that minutes of the negotiation meetings shall be duly recorded,  to enable transparency and honesty and avoid cheating and fraud  in the conduct of the negotiation.   See Figure 6.

2) The requirement of two non-officer union member presence on the negotiation meetings to act as witnesses or observers on these negotiations was likewise agreed by both union and management panels to be suspended. This is another violation of the ground rule that there should be  two non officer union member to act as observers to promote honesty, transparency to avoid cheating and fraud in the conduct of the negotiation.   See Figure 7.

3)  The  three Senior Office Staff got 10% maximum rate of salary increase instead of just 9.5% based on their position level. But on account of their 16 years length of service they were given a 10% maximum salary rate increase.  Why the same principle was applied to them but had been denied to me, when in fact  I even had a longer years of service of 24 years?


Figure 6 Ground rule that minutes
of the negotiations shall duly recorded.
see it  along the arrow head line.


Figure 7 Ground rule that two non officer
union member witness shall present in
 the negotiation meetings  as observers





July 13, 2002  

LETTER TO THE UNION PRESIDENT

I wrote a letter to the union president that since the CBA 2001 had been completed, it was just right to put those minutes into writing so that  we could have basis for the complaint we as members of the union are presenting to management.  Besides, it has to be recorded in conformance with the ground rules. However, they refused to write down the minutes.  See Figure 5.




Figure 5 letter request to the union president to
formally write the omitted minutes of
negotiation meetings
Click on the image to enlarge


July 15, 2002

PETITION FOR 

SALARY RATE ADJUSTMENT 

I wrote a petition to  Mr. Bing Veneracion Process Manager, under Mr. Rico Bersamin,  as General Manager, for adjustment of my salary rate increase from 9.5% being a Senior operator to the maximum rate of 10% as what the Senior Office staff got. These three Senior office staff should get only 9.5% being at the same level of Senior operator in Operations who got 9.5%.  However, these Senior staff were given a maximum rate of 10% increase on account of their 16 years of service. I petitioned that I be given the same consideration on account of my even longer length of service of 24 years.  But my petition was ignored and worse no hearing of my petition was ever conducted despite my persistent follow ups,  a violation of my right to due process.   See Figures 8.1, 8.2 and 8.3


Figure 8.1 Petition for salary rate adjustment
page1

Figure 8.2 Petition for salary rate adjustment
page2


Figure 8.3 Petition for salary rate adjustment
page3

November 28, 2002

REDUNDANCY IS A FALLACY

Mr. Rico Bersamin
General Manager
Shell Tabangao Refinery 

Letter of termination of employment effective December 31, 2002 written by   Mr. Rico Bersamin. On this Mr. Rico Bersamin had one month till December 31, 2002 to look  for somebody to replace me  but he was unable to find anyone that was why he wrote  an amended letter dated December 17, 2002 (Figure 11) where he requested me to stay, " in view of the requirement of the  business,"  up to February 15, 2003. These, letters dated November 28, 2002 and letter dated December 17, 2002,  are documentary evidence that prove,  "There existed no redundancy of positions during that time",  because if there was, Mr. Rico Bersamin should have released me at once on December 31, 2002 and should have not requested me to stay "in view of the requirement of the business" until February 15, 2003.


Figure 9 Letter of Termination of Employment
See Figure 11 the amended letter 



November 29, 2002



RANKING PROCESS SHOULD BE AHEAD OF THE LIST  BUT IN REALITY THE LIST EXISTED AHEAD OF THE RANKING PROCESS

List of employees to be terminated received by  DOLE on November 29, 2002. The Ranking process done by Shell supervisors which supposed to be producing this list of employees to be terminated was executed on January 29, 2003.


Hence,  making the " ranking process " DONE  LATER made it subservient to the  LIST already prepared and dictated by Shell.



Figure 10 List of employees to be terminated
Antonio L Buensuceso is already on the list.
This list was already known before the ranking process
by Shell supervisors was carried out.

December  17, 2002  

IN  VIEW OF THE REQUIREMENTS
OF THE BUSINESS

Amended notice of termination written by Mr. Bersamin extending my employment until February 15, 2003 re: in view of the requirements of the business. This clearly showed that the reason of redundancy as an excuse to terminate my employment was devoid of merit for the simple reason that if redundancy exists during those times Mr. Bersamin could not have requested me to stay until February 15, 2002 in view of the requirement of the business.

In fact if there was really redundancy, meaning there are excess operators more than the business needs, Mr. Bersamin should have automatically released me on December 31, 2002 as he said on his letter to dated November 28, 2002 and should have not requested me to stay for another month and a half until February 15, 2003.

Figure 11 Amended Letter of Termination

Year 2003

29 January 2003 

RANKING  FIRST LIST NEXT



Ranking, (basis for determining who among the employees are to be terminated),   was conducted. Note this ranking exercise was carried out after the list of employees to be terminated were already determined and submitted to DOLE  on November 29, 2002.

This is a documentary evidence that the ranking exercise was rigged to conform with the list that have been prepared and determined earlier on November 29, 2002.   This gave credence to the the information relayed to me by some supervisors close to me who asked for forgiveness that they could resist the instruction by their boss that I have to be removed from employment.


Figure 12.1 Ranking report page 1.
Please note the date when this ranking
exercise was carried out.



Figure 12.2Ranking report page 2
note that Antonio Buensuceso is
second to the last on the list

This rigged ranking exercise was an expression of personal wrath of Shell against my person. This personal ire led Shell to embarrass me in front of my co-employees, friends and family when Shell rank me with poorest work performer through the action of Shell supervisors who made the rating.  Shell knew that being an employee like me with high regard for my honor, dignity and integrity would excessively be pained by linking to my person, a rating as poorest work performer.  They did not just say that I am a poor work performer, they even vainly announced it to my extreme distress and embarrassment. The company made the rating written and be known publicly as a reasonable proof to show cause why I should be terminated from employment. These acts Shell gave me so much pain and suffering  even  up to these times.  Shell did not just took me out employment but even deprived me good chances of being employed again due to the blight Shell casted upon my person.

This rigged ranking which Shell made with respect to job performance, the same being announced, written and published is a violation of the 1987 Philippine Constitution Article 2 : Declaration of Principles and State Policies, Section 11 which said the following " The state values the dignity of every human person and guarantees full respect for human rights."  This means that the state gives importance to the dignity of every individual  and safeguard full respect for human rights.  The rigged ranking exercise made by the supervisors who had no other choice but to follow instructions of Shell showed reckless exercise of management prerogatives resulting to violations of my human rights, grave embarrassment to my person, dissolution of my dignity.  Be it that justice be dispensed accordingly and appropriate sanctions or penalty be imposed on the party liable for these violations.

In addition, aside from the fact that subservient supervisors would do the ranking, Shell knew that I could not move to defend myself because of the fact that I had let them knew that the redundancy was illegal and ranking being an exercise in continuance of an illegal act,  consequently making the ranking exercise an illegal endeavor as well.

Shell knew fully well that I could not join, object or participate on this ranking exercise,  because of the simple reason that if I did that I would be falling into a trap;  meaning that should I have participated in the ranking deliberations, this action would  legitimize  the redundancy program which I have declared illegal in the first place.  Shell took advantage of this  situation and  obtusely malign my  honor and reputation.


15 February 2003 

Employment termination


RA 7641 RETIREMENT PAY LAW CIRCUMVENTED BY SHELL TO COMPLY  WITH  
HER OBLIGATION ON PAYMENT 
OF SEPARATION PAY,  UNLAWFUL

Please see Figure 13
Figure 13  Separation Pay document where
my Retirement Pay Accounts are misappropriated
by Shell circumventing RA 7641, subject to penal
provisions under Article 288 of the Labor Code of
the Philippines


In addition, my youngest child  happened to be a Shell high scholar with one year remaining scholarship after Shell terminated my employment.  This remaining one year scholarship, tuition fee and monthly allowances were all taken away from me.

The company policy with regard to scholarship is not alien to me because I have been entrusted in a couple of years by Mr. Butch Bautista, a Shell retiree who like me also lives in Bauan, to receive the monthly allowances for them.  But the same consideration and treatment has been denied from me by Shell.



Year 2004


FEBRUARY 12, 2004 
 POSITION PAPER SUBMISSION TO NLRC
                                      
MARCH 3, 2004   
REPLY and REJOINDER SUBMISSION TO NLRC








Year 2005



Year 2006

December 28, 2006
Labor Arbiter Decision rendered

Year 2007

June 29, 2007 
NLRC resolution promulgated


August 30, 2007 

NLRC resolution on MR 


Year 2008 

March 14, 2008
 immigrated to the US


May 28, 2008

COURT OF APPEALS DECISION  PROMULGATED



July 30, 2008 

Judge
Hon. Enriqueta Vidal,  Clerk of Court
Supreme Court


Philippine Supreme Court 
issued resolution denying the petition





October 30, 2008 
for resolution dated 30 July 2008 filed







Year 2009

JANUARY 14, 2009
Judge
Hon. Enriqueta Vidal,  Clerk of Court
Supreme Court

DENY Motion for Reconsideration   WITH FINALITY





Year 2010


Year 2011


Year 2012


Year 2013
October 16, 2013 Notice from Third Division of the Supreme Court of the Philippines requiring respondent Atty Raul Quiroz to submit his comments on the disbarment case filed against him.








Year 2014





The TRUTH will set you FREE.

SHELL CIRCUMVENTED RA 7641

SYNDICATED ESTAFA


MY QUEST FOR SWINDLED 

RETIREMENT PAY BY SHELL



SWINDLING ITO, SYNDICATED ESTAFA


HOT PURSUIT
DUTY OF LAW ENFORCEMENT ENTITIES


SHELL SWINDLING OF RETIREMENT PAY 5TH YEAR

1001counts
SEE BELOW FOR THE 1001ST   TIME THE REITERATION OF DEMAND PAYMENT OF RETIREMENT PAY WHICH SHELL REFUSED TO HONOR IN THE PRESENCE AND DEEMED APPROVAL OF THE HONORABLE MAGISTRATES OF THE SUPREME COURT OF THE PHILIPPINES


Dishonest scales are an abomination to the Lord, but a just weight is His delight... Proverbs Chapter 11  v. 1
Retirement Pay Law circumvented by Shell subject to penal provision provided for by Article 288 of the Labor Code of the Philippines.





CONTENTS

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