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    Labor Law Case Digests: APPEALS, Et Al. 502 SCRA 219 (2006), THIRD DIVISION (Carpio Morales, J.)

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    The document summarizes a labor law case involving Arellano University employees who participated in a strike. The National Labor Relations Commission declared the strike illegal and ruled that all participating employees lost their employment status. However, the Supreme Court ruled that under the Labor Code, an ordinary employee cannot lose employment status simply for participating in an illegal strike. There must be proof that the employee knowingly participated in illegal acts during the strike. While photographs showed strikers picketing, the university did not identify who they were. Therefore, it did not meet the evidentiary standard to prove employees should lose their jobs. Union officers can be dismissed for participating in an illegal strike.

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    Labor Law Case Digests: APPEALS, Et Al. 502 SCRA 219 (2006), THIRD DIVISION (Carpio Morales, J.)

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    piptipayb
    79 views1 page
    The document summarizes a labor law case involving Arellano University employees who participated in a strike. The National Labor Relations Commission declared the strike illegal and ruled that all participating employees lost their employment status. However, the Supreme Court ruled that under the Labor Code, an ordinary employee cannot lose employment status simply for participating in an illegal strike. There must be proof that the employee knowingly participated in illegal acts during the strike. While photographs showed strikers picketing, the university did not identify who they were. Therefore, it did not meet the evidentiary standard to prove employees should lose their jobs. Union officers can be dismissed for participating in an illegal strike.

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    The document summarizes a labor law case involving Arellano University employees who participated in a strike. The National Labor Relations Commission declared the strike illegal and ruled that all participating employees lost their employment status. However, the Supreme Court ruled that under the Labor Code, an ordinary employee cannot lose employment status simply for participating in an illegal strike. There must be proof that the employee knowingly participated in illegal acts during the strike. While photographs showed strikers picketing, the university did not identify who they were. Therefore, it did not meet the evidentiary standard to prove employees should lose their jobs. Union officers can be dismissed for participating in an illegal strike.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    79 views1 page

    Labor Law Case Digests: APPEALS, Et Al. 502 SCRA 219 (2006), THIRD DIVISION (Carpio Morales, J.)

    Uploaded by

    piptipayb
    The document summarizes a labor law case involving Arellano University employees who participated in a strike. The National Labor Relations Commission declared the strike illegal and ruled that all participating employees lost their employment status. However, the Supreme Court ruled that under the Labor Code, an ordinary employee cannot lose employment status simply for participating in an illegal strike. There must be proof that the employee knowingly participated in illegal acts during the strike. While photographs showed strikers picketing, the university did not identify who they were. Therefore, it did not meet the evidentiary standard to prove employees should lose their jobs. Union officers can be dismissed for participating in an illegal strike.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    LABOR LAW CASE DIGESTS

    ARELLANO UNIVERSITY EMPLOYEES AND WORKERS UNION, et al. v. COURT OF APPEALS, et al. 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. 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.

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