G. Peaceful Concerted Activities

Test of Discrimination

To determine whether or not a discharge is discriminatory, it is necessary that the underlying reason for the discharge be established.

The fact that a lawful cause for discharge is available is not a defense where the employee is actually discharged because of his union activities. If the discharge is actually motivated by a lawful reason, the fact that the employee is engaged in union activities at the time will not lie against the employer and prevent him from the exercise of his business judgment to discharge an employee for cause. (NLRB v. Ace Comb Co. 342 F. 2 841, as cited in Cainta Catholic School v. CCSEU, G.R. No. 151021, 2006).

An inference that the discharge of an employee was motivated by his union activity must be based upon evidence, direct or circumstantial, not upon mere suspicion. (NLRB v. South Rambler Co., 324 F 2d 447).