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Pan American World Airways, Inc. vs. Pan American Employees Association PDF
Pan American World Airways, Inc. vs. Pan American Employees Association PDF
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the manner prescribed under Commonwealth Act 103, but with the
same broad powers and jurisdiction granted by that Act. If the
Court of Industrial Relations is granted authority to f ind a solution
in an industrial dispute and such solution consists in ordering of
employees to return back to work, it cannot be contended that the
Court of Industrial Relations does not have the power or
jurisdiction to carry that solution into effect. And of what use is its
power of conciliation and arbitration if it does not have the power
and jurisdiction to carry into ef fect the-, solution it has adopted.
Lastly, if the said court has the power to fix the terms and
conditions of employment, it certainly can order the return of the
workers with or without backpay as a term or condition of the
employment. (Phil. Marine Radio Officers Assn. vs. Court of
Industrial Relations, 102 Phil. 374, 382383.)
Same; Same; Same; Refusal of company to accept employees
ment. (Phil. Marine Radio Officers Assn. vs. Court of Industrial
ment displays what in the case at bar appears to be a grave but
unwarranted distrust in the union officials discharging their
functions just because a strike was resorted to, then the integrity of
the collective bargaining process itself is called into question. It
would have been different if there were a rational basis for such
fears, purely speculative in character. The record is bereft of ,the
slightest indication that any danger, much less one clear and
present, is to be expected f rom their return to work. Necessarily,
the union officials have the right to feel offended by the fact that,
while they will be paid their salaries in the meanwhile, they would
not be considered as fit persons to perform the duties pertaining to
the positions held by them. Far from being generous, such an offer
could rightfully be considered insulting.
Same; Same; Same; Right to form unions; Freedom would be
nugatory if employees cannot choose their own officials.The
greater offense is to the labor movement itself, more specif ically to
the right of self-organization. There is both a constitutional and
statutory recognition that laborers have the right to form unions to
take care of their interests vis-a-vis their employers. Their freedom
to form organizations would be rendered nugatory if they could not
choose their own leaders to speak on their behalf and to bargain for
them.
Court.
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Petition, par. 2.
Ibid, par. 3.
Ibid, par. 4.
Ibid, par. 5.
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Petition, par. 4.
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Caltex (Phil) Inc. vs. Caltex Dealers Asso. of the Phil., Inc,
management. There is no occasion then for the supervisory
authority of this Court coming into play.
WHEREFORE, this petition for a writ of certiorari is
denied. With costs against petitioner.
Reyes, J.B.L., Actg. C.J., Makalintal, Zaldivar,
Sanchez, Capistrano, Teehankee and Barredo, JJ., concur.
Concepcion, C.J. and Castro, J., are on official leave.
Dizon, J., concurs in the result.
Petition denied.
Note.See the annotation on Jurisdiction of the Court
of Industrial Relations, 19 SCRA 136146.
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