BLTB Vs NLRC

 

Topic: Basis of Right to Engage in Concerted Activities; Statutory G.R. No. 11!"! August #1$ 1%%# Batangas &aguna Taya'as Bus Co(pany )B&TBCo* vs N&RC Cruz J.: +ACTS: Tinig +ACTS:  Tinig at Lakas ng Manggagawa sa BLTBCo NAFLU filed a Notice of Strike against te BLTBCo on te grounds of unfair la!or "ractice and #iolation of te CBA. $fforts at a%ica!le settle%ent a#ing failed& Acting La!or Secretar' Castro certified te dis"ute to te NL(C. A co"' of te certification order was ser#ed u"on te union on August )*& +,--. n August )+& +,--& te officers and %e%!ers of te union went on strike and %aintained "icket lines !locking te "re%ises of BLTBCo/s ter%inals. n Se"te%!er 0& +,--& te NL(C issued an en banc resolution ordering te striking e%"lo'ees to lift teir  "icket and to re%o#e all o!structions and !arricades. All striking e%"lo'ees on "a'roll as of Ma' 1)& +,-were re2uired to return to work. BLTBCo& on te oter and& was directed to acce"t te% !ack to work witin 3 da's under te sa%e ter%s and conditions "re#ailing !efore te strike. f te so%e +&4)* BLTBCo e%"lo'ees wo went on strike& onl' +&++0 re"orted !ack for work. Se#enteen oters were later re5ad%itted. Su!se2uentl'& a!out 0+6 e%"lo'ees& including tose wo were allegedl' dis%issed for causes oter tan te strike& filed indi#idual co%"laints for illegal dis%issal. Teir co%%on ground was tat te' were refused ad%ission wen te' re"orted !ack for work. n Jul' +,& +,,+& te NL(C issued a resolution declaring te strike illegal !ut directing te reinstate%ent reinstate%ent of all striking e%"lo'ees wo a#e not co%%itted illegal acts. n Se"te%!er +0& +,,+& te NL(C issued te oter  callenged resolution den'ing te Motion for (econsideration of BLTBCo and Co%"lainant 7e"ito A!rati2ue for lack of %erit. BLTBCo was likewise directed to reinstate te union %e%!ers s"ecificall' na%ed in te 2uestioned resolution and all tose striking e%"lo'ees wo a#e not co%%itted illegal acts. BLTB ten filed tis s"ecial ci#il action for certiorari & clai%ing tat te res"ondent NL(C co%%itted gra#e a!use of discretion. ,SS-E: 8N te union %e%!ers wo "artici"ated in te illegal strike sould not a#e !een reinstated on te ,SS-E: 8N ground tat te' defied te return5to5work order of te NL(C and tus a!andoned teir "osition E&/: No. As correctl' declared in te 2uestioned resolution& onl' te officers of te union deser#ed to !e "enalized wit te loss of teir e%"lo'%ent status& under te "rinci"le of #icarious lia!ilit'. Te leaders of te union are te %o#ing force in te declaration of te strike and te rank5and5file e%"lo'ees %erel' followed. 8ile 8 ile te tat general gene ral returned %e%!e %e%!ers rsi" of on te teSe"te%!er union union %a'+,& a#e a+,-#e 9oine 9oi ned d te strike striketereafter. at its ince" ince"tio tion& n& t te e Court Court was con#inced te' toi" work or& i%%ediatel' Te %ere fact tat te %a9orit' of te strikers were a!le to return to work does not necessaril' %ean tat te rest deli!eratel' defied te return5to5work order or tat te' ad !een sufficientl' notified tereof.  A worker worker wo 9oins 9oins a strike does so "recisel' "recisel' to assert assert or i%"ro#e te ter%s ter%s and conditions conditions of is e%"lo'%ent e%"lo'%ent.. f is "ur"ose is to a!andon is work& e would not go to te trou!le of 9oining a strike. The loss of employment status of striking union members is limited to those "who knowingly   participates  participa tes in the commission commission of of illegal acts." acts." (Article (Article 264, Labor Labor Code Evidence Code Evidence must be  presented to to substantiate substantiate the commission commission thereof thereof and not merely merely an unsubstantiate unsubstantiated d allegation. allegation. He who asserts the commission of illegal acts, must prove the same, and it is on the basis of  substantiated substanti ated evidence that this Commission declares the loss of employment employment status of specific  union members who have committed illegal acts.

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 Additionall'&& te court eld tat te rigt to strike is one of te rigts recognized  Additionall' recognized and guaranteed guaranteed !' te Constitution as an instru%ent of la!or for its "rotection against e;"loitation !' %anage%ent. B' #irtue of tis rigt& te workers are a!le to "ress teir de%ands for !etter ter%s of e%"lo'%ent wit %ore energ' and "ersuasi#eness& "oising te treat to strike as teir reaction to te e%"lo'er/s intransigence. R-&,NG: Te R-&,NG:  Te "etition is