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    Cainta Catholic School and Msgr. Balbago vs. Ccseu G.R. No. 151021

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    fay garneth buscato
    The Cainta Catholic School retired the President and Vice-President of the Cainta Catholic School Employees Union after they had both rendered over 20 years of continuous service to the school, as allowed by the collective bargaining agreement. The union then filed a notice to strike and picketed the school. The Supreme Court ruled that the retirement was a valid exercise of management prerogative based on the terms of the collective bargaining agreement agreed to by both parties.

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    Cainta Catholic School and Msgr. Balbago vs. Ccseu G.R. No. 151021

    Uploaded by

    fay garneth buscato
    89 views1 page
    The Cainta Catholic School retired the President and Vice-President of the Cainta Catholic School Employees Union after they had both rendered over 20 years of continuous service to the school, as allowed by the collective bargaining agreement. The union then filed a notice to strike and picketed the school. The Supreme Court ruled that the retirement was a valid exercise of management prerogative based on the terms of the collective bargaining agreement agreed to by both parties.

    Original Title

    2.-CAINTA-CATHOLIC-SCHOOL-vs-CCS-Employees-Union

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    The Cainta Catholic School retired the President and Vice-President of the Cainta Catholic School Employees Union after they had both rendered over 20 years of continuous service to the school, as allowed by the collective bargaining agreement. The union then filed a notice to strike and picketed the school. The Supreme Court ruled that the retirement was a valid exercise of management prerogative based on the terms of the collective bargaining agreement agreed to by both parties.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    89 views1 page

    Cainta Catholic School and Msgr. Balbago vs. Ccseu G.R. No. 151021

    Uploaded by

    fay garneth buscato
    The Cainta Catholic School retired the President and Vice-President of the Cainta Catholic School Employees Union after they had both rendered over 20 years of continuous service to the school, as allowed by the collective bargaining agreement. The union then filed a notice to strike and picketed the school. The Supreme Court ruled that the retirement was a valid exercise of management prerogative based on the terms of the collective bargaining agreement agreed to by both parties.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    CAINTA CATHOLIC SCHOOL and MSGR. BALBAGO vs.

    CCSEU
    G.R. No. 151021
    FACTS: 

    A CBA was entered into between Cainta Catholic School (School) and the
    Cainta Catholic School Employees Union (CCSEU). The Union held an election of
    officers, with Llagas and Javier being elected as President and Vice-President
    respectively. Subsequently, the School retired Llagas and Javier, who had
    rendered more than 20 years of continuous service, pursuant to Section 2, Article
    X of the CBA, to wit:

    An employee may be retired, either upon application by the employee


    himself or by the decision of the Director of the School, upon reaching the age of
    60 or after having rendered at least 20 years of service to the School the last 3
    years of which must be continuous.

    3 days later, the Union filed a notice of strike with the NCMB. Later, the
    Union struck and picketed the School’s entrances.

    ISSUE:
    Was the forced retirement of Llagas and Javier a valid exercise of
    management prerogative?

    HELD: 

    YES. Retirement is the result of a bilateral act of the parties, a voluntary


    agreement between the employer and the employee whereby the latter after
    reaching a certain age agrees and/or consents to sever his employment with the
    former.

    By their acceptance of the CBA, the Union and its members are obliged to
    abide by the commitments and limitations they had agreed to cede to
    management. The questioned retirement provisions cannot be deemed as an
    imposition foisted on the Union, which very well had the right to have refused to
    agree to allowing management to retire retire employees with at least 20 years of
    service.

    We thus, can comfortably uphold the principle, as reiterated in Philippine


    Airlines, that the exercise by the employer of a valid and duly established
    prerogative to retire an employee does not constitute unfair labor practice.

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