Professional Documents
Culture Documents
Labor Case Recit
Labor Case Recit
INGUILLO V FPSI
Union security clause
Scales manufacturer FPSI employed Bergante and Inguillo.
It had CBA with FPSILU, which the two signed.
IB and other employees joined another union, NLM-KATIPUNAN,
during the effectivity of the CBA.
NLM filed with DOLE an intraunion dispute against FPSILU. It lost,
and was ordered to return P90k of collected dues to FPSILU.
Inguillo was formerly FPSILUs Sec for Finance, and his wages
along with Pres Grutas, were garnished to satisfy the award.
P3,443 was collected from Inguillos wages.
FPSILU sent Petisyon to FPSI seeking termination of several
employees, including IB on:
1. Disloyalty
2. Dereliction of duty (meetings and reports)
3. Depositing Union funds not in FPSILUs name
4. Deliberately slowing production
5. Poisoning and enticing minds
Inguillo filed complaint with NLRC for illegal withholding of salary and
for damages.
FPSI terminated employees named in Petisyon.
NLM and Inguillo filed complaints for illegal dismissal, reinstatement,
and damages.
FPSI manager Policarpio met with employees to discuss terms of
separation pay. Some complainants agreed to settle; IB were
remaining complainants.
IB: they were not aware of Petisyon, no memorandum stating their
infraction.
I: he was not party to intraunion dispute and his salary was exempt
from execution.
FPSI: dismissal was upon demand of FPSILU, and FPSI complied,
in accordance with USC in CBA. IB had signed ratification of CBA.
LA dismissed complaints.
IB were not illegally dismissed, had clearly violated USC, and
committed acts to detriment of FPSILU.
LA still ordered FPSI to pay separation pay and legal holiday pay, in
light of length of service, and amicable settlements of others.
NLRC reversed LA, but later reversed itself and sustained LA.
Ordered reinstatement of IB and payment of Is withheld salary.
FPSI failed to present evidence of inimical acts, did not inform IB of
dismissal. Summary dismissal violated IBs right to due process.
NLRC later reversed itself: IB were not illegally dismissed, because
of CBA. Complaint dismissed, but FPSI ordered to pay Inguillo his
withheld salary.
UNILEVER V RIVERA
Procedure
NUWHRAIN V CA
Illegal strike
NUWHRAIN negotiated for Dusit rank and file. No agreement
reached. It filed Notice of Strike on 20 Dec 2001.
14 Jan: Union voted to strike
18 Jan: Employees reported for work with shaved heads. They were
barred from entering. Union picketed outside hotel premises. Hotel
had to shut down restaurant operations.
Confidential employees
1.
4.
2.
3.
5.