LaborDigest - Arellano University Employees AND Workers Union, et al Vs.

Court
of Appeals, 502 SCRA 219 (2006)

Third Division (Carpio Morales, J.)

An ordinary striking worker may not be declared to have lost his employment
status by mere participation in an illegal strike.

Facts:
The Arellano University Employees and Workers Union (the Union), the exclusive
bargaining representative of about 380 rank-and-file employees of Arellano
University, Inc. (the University), filed with the National Conciliation and Mediation
Board (NCMB) a Notice of Strike charging the University with Unfair Labor Practice
(ULP). After several controversies and petitions, a strike was staged.

Upon the lifting of the strike, the University filed a Petition to Declare the Strike
Illegal before the National Labor Relations Commission (NLRC). The NLRC issued a
Resolution holding that the University was not guilty of ULP. Consequently, the
strike was declared illegal. All the employees who participated in the illegal strike
were thereafter declared to have lost their employment status.

Issue:
Whether or not an employee is deemed to have lost his employment by mere
participation in an illegal strike

Held:
Under Article 264 of the Labor Code, an ordinary striking worker may not be
declared to have lost his employment status by mere participation in an illegal
strike. There must be proof that he knowingly participated in the commission of
illegal acts during the strike. While the University adduced photographs showing
strikers picketing outside the university premises, it failed to identify who they
were. It thus failed to meet the ― substantiality of evidence test - applicable in
dismissal cases.
With respect to the union officers, as already discussed, their mere participation
in the illegal strike warrants their dismissal.