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SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT AND TRIUMPH INTERNATIONAL (PHILS.), INC. July !, " # BRION, J. C$%&$l'()*+( P+*'*'$%& P+*'*'$%+,&Bagong Pagkakaisa ng Manggagawa ng Triumph International, Represented by Sabino F.Gragan a, !nion Presient, and Rey"ilosa Trinidad Triumph International #Phils.$, In%. R+&.$%(+%*&Se%retary o& the 'epartment o& (abor and )mployment and Triumph International #Phils.$ In%. Bagong Pagkakaisa ng Manggagawa ng Triumph International. )loisa Figura, *erry *ai%ten, Rowell Frias, Margarita Patingo, and Rosalinda +langar FACTS,ompany and !nion had ,B- that e.pired on *uly /0, /111. !nion seasonable submitted proposals &or renegotiation #whi%h in%luded e%onomi% demands &or wage in%rease &or a %ertain rate$. ,ompany made a %ounter o&&er with di&&erent rates. 2egotiations rea%hed a deadlo%k. !nion &iled noti%e o& strike on +%t /3 /111, 2,MB &ailed to resol"e deadlo%k 2o" /3, ,ompany &iled noti%e o& (o%kout &or !(P due to union4s alleged work slowdown. !nion went on strike 2o" /0 *an 56 5777, (abor Se% (aguesma assumed 8urisdi%tion and released return to work order and dire%ted ,ompany to a%%ept workers under same terms and %onditions e.isting be&ore the strike. Re9uired parties to submit position papers. Feb 5 and :, se"eral employees attempted to return to work but striking employees pre"ented them &rom entering the %ompany premises. ,ompany asked (abor Se% to issue order dire%ting the union to allow &ree ingress and egress, dismantle all stru%tures obstru%ting &ree ingress and egress, and deputi e P2P the assist '+() in pea%e&ul implementation o& return to work order (abor Se% reiterated dire%ti"es in another irder dated Feb 55 and deputi ed poli%e ;to assist in the peaceful and orderly implementation of this Order.; In Feb 51 ,on%iliation meeting%ompany agreed to e.tend the implementation o& the return<to< work order until Mar%h =. !nion e.e%uti"e board de%ided to return to work #(etter dated Mar%h 5$. ,ompany also willing to a%%ept all returning employees, without pre8udi%e to whate"er legal a%tion it may take against those who %ommitted illegal a%ts. !nion o&&i%ers and members and the union board members would be pla%ed under pre"enti"e suspension, pending in"estigation o& their alleged illegal a%ts. >orkers e.%ept !nion o&&i%ers shop steward were allowed to return to work. ).%luded emploes dire%ted to e.plain in writing why their employment should not be terminated or why no dis%iplinary a%tion should be imposed on them /$, (+/y'%0 )%( 1'$l)*'%0 *2+ L)3$, S+4,+*),y5& )&&u6.*'$% $,(+, )%( *2+ &+4$%( ,+*u,%7*$78$,9 $,(+,: /$, 3l$49'%0 )%( ,+&'&*'%0 *2+ +%*,y $/ ,+*u,%'%0 +6.l$y++& $% F+3,u),y ", ;, )%( <, " : /$, )4*& $/ 1'$l+%4+ 4$66'**+( $% F+3,u),y "= )%( "!, " : )%( /$, (+/y'%0 *2+ 4$6.)%y5& ,+*u,%7*$78$,9 $,(+, $/ )ll +6.l$y++& $% F+3,u),y <, " >orkers, by motion, asked (abor Se% to issue reinstatement order and %ite ,ompany &or %ontempt. (abor Se% ordered %ompany t a%%ept 5/ union o&&i%ers without pre8udi%e to %ontinuation o& in"estigation. Mar%h /3, ,ompany agreed to a%%ept them and withdrew noti%e o& lo%kout Mar%h 5/, union o&&i%ers re%ei"ed letters re9uiring them to e.plain in writing within twenty<&our #5?$ hours why no dis%iplinary a%tion, in%luding dismissal, should be taken against them &or leading, instigating, and parti%ipating in a deliberate work slowdown during the ,B- negotiations >orkers submitted e.planations. @earing &ollowed on May 3. They were subse9uently ser"ed noti%e o& termination e&&e%ti"e May //. *une 0, 5777, the union and the o&&i%ers &iled a petition to %ite the %ompany and its responsible o&&i%ers &or %ontempt, and mo"ed that a reinstatement order be issuedA
S+4. Al&$. Trinidad4s dismissal "alid #presen%e in the pi%ket line and parti%ipation in an illegal a%t < obstru%ting the ingress to and egress &rom the %ompanyBs premises < were duly established by the a&&ida"it$. The wage in%rease granted to workers employed in the industry is less than the in%rease proposed by the %ompany.-.&5 ('&6'&&)l .)%y )%( '*& .& /$.'*$.agreeing on the Php?3.B. +>4+.erred in sustaining the (abor Se%retaryBs wage in%rease award o& P?0. #2+$ WON CA +. l+0)l'*y $/ *2+ u%'$% $//'4+. %ompany mo"ed &or dismissal o& petition.ompany &ailed to pro"ide substantial e"iden%e.'$u&..+*'*'$% *$ 4'*+ *2+ 4$6. the dismissal is intertwined with the strike that was the sub8e%t o& the (abor Se%retaryBs assumption o& 8urisdi%tion.*+( 3y The a"erage daily salary o& an employee o& P:/7. and leading. Brought up to . u%(+. o A8). -&&irmed (abor Se%4s wage award.) . >ai"er and Duit%laim a&ter re%ei"ing separation pay and other bene&its. (. &*+8).+( 6$$* )%( )4)(+6'4. indi"idual settlements between workers and the %ompany were rea%hed.+)(y 3++% .$.negotiations$ resulting in their dismissal &rom employmentC thus.&.*'4l+ "#@ $/ *2+ L)3$. 9uestion on award mooted by workers4 a%%eptan%e o& the wage in%rease Pending the de%ision.ly /)ll& 8'*2'% *2+ $. >age in%rease is unreasonable.'4) (YES..77 is more than the statutory minimum wage as admitted by the union itsel&. 4$%*+6.+&.$.'&('4*'$% $/ *2+ l)3$.+%(+. CA.* 2)( )l. .77 per day wage in%rease. A.resol"ed lo%kout and awarded wage in%rease but other e%onomi% demands i& union were denied.+.ompanyA dismissal o& the petition &or la%k o& abuse o& dis%retion on the part o& the (abor Se%retary. 5777 order o& the (abor Se%retary when they were reinstated only in the payrollC and o #:$ the %ompany %ommitted un&air labor pra%ti%e and dismissed them without basis. o Should ha"e ruled on dismissal o& union o&&i%ers.. instigating. ).(. Modi&ied ruling on dismissal.( &u.).+l+1)%* *$ *$.e%uted a new .B. @owe"er. They e. Bu* *2+ $*2+. They noted that the %harges against the were supported by a&&ida"its.77Eday spread o"er three years. o Parties had already e. !nion insisted on its demands #wage in%rease and %iting %ompany in %ontempt$. -lso denied both MFR &rom union and %ompany and de%lared that . The in%rease in the wages o& the employees %arries with it a %orresponding in%rease in their salary<based bene&its.* &2$. the a&&ida"its made no mention o& the = %harged e. (abor Se%retary has 8urisdi%tion o"er all 9uestions and %ontro"ersies arising &rom an assumed dispute. 'ismissal was illegal.'%'()( 1)l'(. In light o& this. &2$ul( )l&$ 3+ ('&6'&&+(. o while the labor dispute be&ore the (abor Se%retary initially in"ol"ed a bargaining deadlo%k.e%uted Release. o 'enied MFRs o ISSUES>+2 .%lusi"e 8urisdi%tion.%ept &or Rey"ilosa Trinidad.- - - - #/$ the %ompany o&&i%ials "iolated the (abor Se%retaryBs return<to<work order when these o&&i%ials pla%ed them under pre"enti"e suspension and re&used them entry into the %ompany premisesC o #5$ the %ompany also "iolated the Mar%h 1... The %ompany grants to its employees &orty<two #?5$ other monetary and wel&are bene&its. in%luding %ases o"er whi%h the labor arbiter has e.*ly 6+.+( '% /'%('%0 *2+ ('&6'&&)l $/ T. C$(+. $//'4+. o -"oided remand o& illegal dismissal aspe%t #to prote%t the remaining = union o&&i%ers$ and resol"ed the issue itsel&.3'*+.'0'%)l )%( +>4lu&'1+ ?u. The -sian &inan%ial %risis. . a related strike ensued and %harges were brought against the union o&&i%ers #&or de&ian%e o& the return<to<work order o& the (abor Se%retary. L)3$.$%&'3l+ $//'4+. and parti%ipating in a deliberate work slowdown during the .
+*u. (abor Se%retaryBs authority o"er a labor dispute en%ompasses only the issues.77 surpassed the statutory minimum in%rease o& P::.erred in resol"ing the &a%tual issue o& dismissal instead o& remanding the %ase &or &urther pro%eedings.'9+..erred in ruling that the (abor Se%retary abused his dis%retion in not resol"ing the issue o& the "alidity o& the dismissal o& the o&&i%ers o& the union..ompany is in a position to grant wage in%rease bigger than the (abor Se%4s award.. B+/$.& +%0)0+( '% )%( '%&*'0)*+( ) 8$.&* 3+ . For the years prior to the /111 negotiations. -&&ida"its were merely to show that unions o&&i%ers "iolated the return to work agreement and that %ompany maintained in its petitions that (abor Se% has no 8urisdi%tion o"er the dismissal issue. The %ompanyBs &a"orable %omparison with industry standards in terms o& employee bene&its. *2+ u%'$% $//'4+. impa%ting on the per&orman%e o& the %ompany as indi%ated in its negati"e &inan%ial pi%ture in /111.*'$%. .penditure o& a"erage &amily a%%dg to 2)'-. S+4A& .37. Its a"erage daily basi% wage o& P:/7.0u6+%*& U%'$%o CBA. Fa%torsA The regional &inan%ial %risis and the downturn in the e%onomy at the time.(abor Se% has no authority to de%ide legality o& strikes or lo%kouts #"ested in (-s$. 82'42 ). . 82+% *2+ u%'$% $//'4+. 8'*2$u* 4$6. not the legality or illegality o& any strike that may ha"e o%%urred in the meantime. in the industry.(o A//'.+( .ompany was not gi"en opportunity to addu%e e"iden%e to pro"e in"ol"ement o& union o&&i%ers.+Cu'.9 6)%()*+( 3y *2+ )&&u6. -s well.+ 4$%&'(+.y )%( '% (+/y'%0 *2+ . its aggregate daily wage in%rease o& P=?.e%ute wai"er and 9uit%laimC only statement in a&&ida"it was her alleged megaphone message not to return to work. it took into a%%ount the %omparati"e standing o& the %ompany in terms o& employeesB wages and other e%onomi% bene&its.77. *2+ )&&u6. S+4.+( 'll+0)l C Trinidad was dis%riminated against #other o&&i%ers were granted separation pay plus bene&its to e. &*)0'%0 ) &*. o D'&6'&&)l $/ T. S+4A& ?u. They should take into a%%ount the peso de"aluation and daily e.)l .+. '* 6u&* /'. )"iden%e on dismissal issue is de&i%ient. and in the lo%al and regional e%onomy.o"erstepped its 8urisdi%tion when it ruled on a &a%tual issue. Based on pre"ailing e%onomi% indi%ators in the workpla%e.77 is ?7G higher than the statutory minimum wage o& P55:. and superior to the industryBs a"erage o& P530.77. A.9 &l$8($8%. S+4.'%'()(. ) /$.'&('4*'$%.$4+(u. espe%ially wages.$.)%yo L)3$. -s it is a leading %ompany and the raw materials are sour%ed elsewhere.+*).& )%( 6+63+.&* 2)1'%0 /'l+( ) %$*'4+. #2+$ WON . HELDERATIO- CBA A8).+ *2+ L)3$..-lleged 'll+0)l )4*& are based solely on sel&<ser"ing a&&ida"its by o&&i%ers o& the %ompanyC &*.ists to uphold the dismissals. K%$8'%0ly &*)0'%0 ) &*. Reasonable award..'9+. . %$* *$ 6+%*'$% *2)* 8'*2$u* /'.2$l( L)3$.o o WON . they will not in%ur losses despite the %risis in the region. Su&&i%ient grounds still e.*'4l+ "D=()) $/ *2+ L)3$. #F)S$ A.+*). 2o %ompelling 8usti&i%ation to disturb award.%7*$78$.ly'%0 8'*2 *2+ .*'$% $/ ?u..& 2)( +%0)0+( '% )% 'll+0)l &*.'&('4*'$% 3y *2+ L)3$.6 $/ &*.$2'3'*+( )4*'1'*'+& u%(+.ly &u36'**+( *$ 2'6.y 4)% *)9+ 4$0%'B)%4+ $/ )% '%4'(+%*)l '&&u+ &u42 )& ) ('&6'&&)l Cu+&*'$%.'9+..6 CAA& (+4'&'$% *$ u.+6+%*& /$.ul'%0.'9+ 8)& %$* (+4l). C$(+. C$6.'9+ )/*+.
'&'%0 /. CA 4)%%$* . T.y o The re%ourse to the . %onnotes. *2+ ('&6'&&)l '&&u+ 8)& .)%y /)'l+( *$ .+*'*'$% /$..* /$. ).+l)*+( *$ *2+ ('&.*'$% $/ +1'(+%4+ '& %$* %+4+&&). S+4A& ?u..$u%( /$.+&$l1+ *2+ 6+.+ *2+ C$u.$1+.y 82+. *2+ l)8..- The &orty<two #?5$ non<wage bene&it programs o& the %ompany whi%h undeniably e.+&$l1+ *2+ ('&6'&&)l '&&u+. *2u& 6)9'%0 *2'& ('&6'&&)l 'll+0)l. Court of Appeals) o The partiesB a&&ida"its and their submitted positions %onstitute su&&i%ient bases to support a de%ision on the merits o& the dismissal issue. 82'42 ). do not indi%ate any legal error. #5$ %ommission o& illegal a%ts during the strike.amination o& the submissions o& the parties.certiorari u%(+.$4++('%0 *$ .u*+ 3)&+( $% *2+ . (+/')%4+ 6)(+ *2+ &*. /u. >hile it may be true that the a&&ida"its the %ompany submitted to the (abor Se%retary did not spe%i&i%ally identi&y Figuna.'&('4*'$%. '%4lu('%0 4)&+& $1+.l)4+ '% .'%'()(.. and are on their &a%e 8ust and reasonable. to the point o& in8usti%e.negotiations.&.. 4$u.'9+ 'll+0)l u%(+.'&+ *$ $. '* 4$%&*'*u*+& ) 1)l'( 0. there is no dispute that the union de&ied the return<to<work orders the (abor Se%retary handed down on two o%%asions.* /$. #Roman Catholic Archbishop of Manila v.negotiations and #5$ during the strike de%lared by the union.adopting the award o& the (abor Se%. o Issue o& dismissal was one that arose &rom the strike and was submitted to the (abor Se% through union4s motion &or the issuan%e o& an order &or immediate reinstatement o& the dismissed o&&i%ers and the %ompanyBs opposition to the motion. o >e similarly re%ogni e that undue hardship. Ill+0)l D'&6'&&)lo O% L)3$. S+4.that (abor Se% erred when he did not resol"e the dismissal issue on the mistaken reading that this issue &alls within the 8urisdi%tion o& the labor arbiter. S+4.ly 3.'*& $/ *2+ 4)&+ $% ) .$.was %orre%t in de%laring that the (abor Se%retary had seriously erred in not ruling on the dismissal issue..& 8'*2'% *2+ ('&.B. T2+'. mu%h less any gra"e abuse o& dis%retion. -%tsA #/$ de&ian%e o& the return<to<work order o& the (abor Se%retary.+ '* .+4+. T2u&.y /ull )u*2$. l$49$u*: '* '%4lu(+& )%( +>*+%(& *$ )ll Cu+&*'$%& )%( 4$%*. >e a%%ord respe%t to these %on%lusions as they were made by a publi% o&&i%ial espe%ially trained in the deli%ate task o& resol"ing %olle%ti"e bargaining disputes.B.)'&+(.+6)'%'%0 u%'$% $//'4+.'*y *$ . . . 82'42 *2+ l)3$.was through the medium o& a petition &or certiorari under Rule =3. would result i& a remand would be ordered under a situation where we are in the position to resol"e the %ase based on the re%ords be&ore us.+.$u02* 3+/$. o )ntered into a new .+&$l1+ *2+ ('&.'%0 *2)* +>4+.3'*+.+*). Patingo and +langar to ha"e %ommitted indi"idual illegal a%ts during the strike. ('&6'&&)l.*2+. o CA +. shortly a&ter the negotiations rea%hed a deadlo%k.B.+&$l1+ )ll 6)**+.. o %on%lusions o& the (abor Se%retary.0+& )0)'%&* *2+ .assume 8urisdi%tion. *2+ 4$6.'9+ $.u*+ *2)* 0)1+ . The grant o& power to assume 8urisdi%tion o"er strike or lo%kout in an industry indispensable to the national interest is not limited to the grounds %ited in the noti%e o& strike or lo%kout that may ha"e pre%eded the strike or lo%koutC nor is it limited to the in%idents o& the strike or lo%kout that in the meanwhile may ha"e taken pla%e. The .+( '% (+4l). -s the term . .$&'*'$% *$ . the '%*+%* $/ *2+ l)8 '& *$ 0'1+ *2+ L)3$.tend the rea%h o& the employeesB %ash wage in enhan%ing the well<being o& the employees and their &amilies. but 8)& *$*)lly $u* $/ . o The o&&i%ers o& the union sub8e%t o& the petition were dismissed &rom the ser"i%e &or allegedly %ommitting illegal a%ts #/$ during the .'&('4*'$%A agree with . C$%&+Cu+%*ly.(& 3+/$.$1+ 3y &u3&*)%*')l +1'(+%4+ *2+ 42).* '& '% ) .$&+ $u* $/ *2+ &*. *aiden.u*+. 2)& +>4lu&'1+ ?u. instigating and parti%ipating in a deliberate work slowdown during the .&'+& ).+*). and #:$ leading. Frias. drawn as they were &rom a %lose e.+ *2+ L)3$.$6 $. Rul+ D! )%( 6u&* 4$%/'%+ '*&+l/ *$ *2+ ?u.+4$. R+6)%( $/ *2+ 4)&+ *$ *2+ l$8+.'&('4*'$%)l '&&u+& .
+4$.l)4+( *2+'.. a &orm o& strike undertaken by the union without %omplying with the mandatory legal re9uirements o& a strike noti%e and strike "ote. we &ind her dismissal without a "alid %ause.& 82$ 9%$8'%0ly .& 82$ 8+.+*). who is a shop steward but not a union o&&i%er. )ll *2+ u%'$% $//'4+.'9+ 9%$8'%0ly .( *2)* *2+ u%'$% $//'4+.e%uted are su&&i%ient e"iden%e to pro"e the work slowdown.(+. e.&: and %olle%ti"ely de%iding the twists and turns o& the strike whi%h e"en be%ame "iolent as the striking members pre"ented and %oer%ed returning workers &rom gaining entry into the %ompany premises.ode pro"ides that .tension o& the return<to<work order and the submission o& all striking workers. the union persisted with the strike and pre"ented the entry to the %ompany premises o& workers who wanted to report ba%k &or work. &or parti%ipating in a work slowdown. o ). &*+8). 82$ .9+.'9+. These a%ts are &'6'l). Decision affirmed with modification. to pro"e by substantial e"iden%e the illegal a%ts allegedly %ommitted by Rosalinda +langar. the de%laration o& the strike. %annot in any way be %onsidered a wai"er that the union o&&i%ers %an use to negate liability &or their a%tions o %ompany did not wai"e the right to take a%tion against the erring o&&i%ers o For ha"ing parti%ipated in a prohibited a%ti"ity not on%e. paragraph : o& the (abor .'&9 o . o 2ot true that the .'9'%0 8$.&.B grants the employer the option o& de%laring a u%'$% $//'4+.).ompany did not withdraw its noti%e o& lo%kout.+ 3+2'%( *2+ +1+..+ . o )"en with the assumption o& 8urisdi%tion and its a%%ompanying return<to<work order. . o -&&ida"its e.l$y6+%* .HtIhe law. '* 8)& *2+ u%'$% $//'4+.+&.'9+ )& 2)1'%0 l$&* 2'& +6. S+4. &)1+ /$. by the %ompany. in using the word Jmay.*'$% $. in the %ase o& Figura. 4$ll+4*'1+ly. )%( *2+ 1'$l)*'$% $/ *2+ L)3$.. the union o&&i%ers.l$y6+%* &*)*u& )* . o )"iden%e shows the in"ol"ement o& the entire union leadership in de&ying the (abor Se%retaryBs assumption o& 8urisdi%tion order as well as return<to<work orders. howe"er.9 &l$8($8%. From the illegal work slowdown to the &iling o& the strike noti%e.$2'3'*+( )4*'1'*'+&.*'4'. but twi%e.-ny union o&&i%er who knowingly parti%ipates in an illegal strike and any worker or union o&&i%er who knowingly parti%ipates in the %ommission o& illegal a%ts during a strike may be de%lared to ha"e lost his employment status. &2$. *2+ 'll+0)l &*.$%&'3l+ /$. *2+ 8$. o union o&&i%ers were also liable &or leading and instigating and.ly . To our mind.-rti%le 5=?#a$. o T2+.).( Ol)%0). +6.+ '& &u//'4'+%* '%('4)*'$% '% *2+ 4)&+ .)*+( '% *2+ 'll+0)l &*. and the de&ian%e o& the (abor Se%retaryBs orders.. legally deser"e to be dismissed &rom the ser"i%e.y 6$1+ $/ *2+ &*. For &ailure o& the %ompany.y5& )&&u6. 8+.%ept those our 'e%ision %an no longer rea%h be%ause o& the ami%able settlement they entered into with the %ompany.)*+( '% )% 'll+0)l &*.*'4'.
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