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This paper seeks to examine the facts, issues, and the Supreme Court ruling in the recent case

of Bankard v. NLRC. This particular case involves the allegation of the Union of Bankard employees that Bankard committed an unfair labor practice through the implementation of its Manpower Rationalization Program MRP, which is effectively a contracting out of services provided by regular employees to independent agencies. The NLRC as well as the Court of Appeals ruled in favor of the employees, declaring that the implementation of the MRP was as such to effectively limit and prevent the growth of the Union, as fell within the ambit of an unfair labor practice. The Supreme Court overturned their decisions, stating that the implementation of the MRP was well within the managerial prerogative of the employer Bankard, hinging its decision on the fact that the Union miserably failed to substantiate its allegation that the contracting out of services was intentionally implemented to inhibit the Union.

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