labor+p.23
TRANSCRIPT
-
8/13/2019 labor+p.23
1/2
b) Speech, espionage, economic coercion
Insular Life Assurance Co. Ltd. EmployeesAssociation vs. Insular Life Assurance Co. Ltd.
c) Concerted activities
P!E" vs. P! Co.
#. $on%union membership or &ithdra&al frommembership as a condition for employment'(ello&%og Contract)
Article #*+ 'b)
isayan Stevedore -rans. Co vs. $LC
/uic0 1acts2 137 UWFA seasonal workers weredismissed by the company. The workers filed aULP case with the !" of eb# and r#led in theirfa$or. ompany appealed.
uling3atio2 There was employer%employeerelationship. The workers who were not admitted towork belon& to the Union and the ompany 'ranch(ana&er told them that the severance ofconnection with the UWFA was the remedy if theywanted to continue working with the company.
4. Contracting out to discourage union
Article #*+ 'c)
Comple5 Electronics Employees Associationvs. $LC
/uic0 1acts2 onsolidated case where the #nionp#shed for retrenchment pay of 1mo)yr. ompanyref#sed the #nion*s demand. Union filed a notice ofstrike+ and company transferred its machinery toanother site.
uling3atio2una&ay shop 6 relocation moti$ated by anti%#nion anim#s than b#siness reasons
!n this case+ there was no r#naway shop. The #nionfailed to show that the primary reason for theclos#re of the company was #nion acti$ities. Therewas no ille&al locko#t b#t a complete cessation ofb#siness+ which was well within the mana&ementprero&ati$e.
*. Company domination of union '(ello& 7nion)
Article #*+ 'd), #8# 'i)
Progressive evelopment Corporation vs. CI
/uic0 1acts2P, dismissed members of A-Awho ref#sed to disaffiliate and oin P-U.
atio2adges of a company union
% P-U ne$er collected d#es from its members% P-U members are now relar employees
% The #nion became inacti$e after the deathof P,*s co#nsel
% After winnin& the certification election+ the#nion ne$er entered into a 'A #ntil itdisbanded
9. iscrimination to encourage or discourageunionism
Article #*+ 'e), #*: 'b)
alid iscrimination2 7nion Security Clause
el !onte Philippines Inc. vs. ;aldivar
/uic0 1acts2Timbal was dismissed d#e to #nionsec#rity cla#se in a 'A between ALU and ,el(onte /for disloyalty0. LA+ L"+ and A held thatshe was ille&ally dismissed /false testimony0.
atio22tip#lations in the 'A a#thoriin& dismissaof employees are of e4#al import as the &ro#nds fodismissal on the Labor ode. !t is not a restrictionof the ri&ht or freedom of association.
5owe$er+ in this case+ it was fo#nd that thetestimony of the one who implicated Timbal was ill%moti$ated. The ,isloyalty 'oard was alsoor&anied by the federation. 2ome ne#tral bodysho#ld ha$e decided on the dismissal.
Elcee 1arms vs. $LC
/uic0 1acts2 omplaint for ille&al dismissal filed by163 employees of -lcee Farms. The company wasthen leased to arnelle+ then arnelle s#bleasedthe property to 5!LLA. The latter entered into a
'A with U2F8 with a closed shop pro$ision./5eld9 Pro$ision $alid0
-
8/13/2019 labor+p.23
2/2
/uic0 1acts2:ose 'aldo was dismissed and airedhis complaint thro#&h &rie$ance proced#re. Whilethe case was pendin&+ he was asked not to testifyon a certification election proceedin&+ b#t he did.The rie$ance ommittee dropped his case.
=eld2 There was ULP.
C.4 >ross violation of the CA
Article #*+ 'i), #*: 'f), #