Whether contracting-out of jobs to JLBP amounted to ULP.
Unfair Labor Practice refers to “acts that violate the workers’ right to organize.” The prohibited acts are related to the workers’ right to self-organization and to the observance of a CBA.Without that element, the acts, even if unfair, are not unfair labor practice.Both the NLRC and the CA found that petitioner was unable to prove its charge of unfair labor practices. It was the Union that had the burden of adducing substantial evidence to support itsallegations of unfair labor practice, which burden it failed to discharge.Wherefore, petition is denied.
4.Samahan ng mga Mangagawa sa SAMMA-LAKAS sa Industriya ng Kapatirang Haligi ngAlyansa (SAMMA-LIKHA) v. SAMMA Corporation
G.R. No. 167141, March 13, 2009
Petitioner, SAMMA-LIKHA, filed a petition for certification election in DOLE. Respondentmoved for the dismissal of the petition. In an Order of Med-Arbiter, the petition was dismissed on theground of (i) lack of legal personality; (ii) prohibited mixture of rank-and-file and supervisoryemployees; and (iii) failure to submit a certificate of non-forum shopping.Petitioner moved for a motion for reconsideration. Meanwhile, respondent filed a petitionfor cancellation of petitioner registration. The Secretary of Labor, treating petitioner’s MR as anappeal, rendered a decision reversing the order of the med-arbiter.Meanwhile, the DOLE revoked the charter certificate of petitioner’s local chapter.Respondent filed a petition for certiorari before the CA which reversed the decision of Secretary of Labor. Hence, this petition was filed by petitioner.
Whether petitioner had the legal personality to file the petition for certification election.
Respondent, as employer, had been the one opposing the holding of a certification electionamong its rank-and-file employees. This should not be the case. We have already declared that, incertification elections, the employer is a bystander; it has no right or material interest to assail thecertification election.The petition is granted. The record of the case is remanded to the office of origin for determination of the status of petitioner’s legal personality.
5.Jackbilt Industries, Inc. v. Jackbilt Employees Workers Union-NAFLU-KMU
G.R. Nos. 171618-19, March 13, 2009
Due to economic crisis on construction industry, petitioner decided to temporarily stop its business of producing concrete hollow blocks compelling most of its employees to go on leave for sixmonths. Respondent protested the temporary shutdown and later on went on strike.