LAPANDAY WORKERS UNION, ARQUILAO BACOLOD, JOSE ERAD, FERNANDO HERNANDO, EDDIE ESTRELLA, CIRILO DAYAG, EDUARDO POQUITA, CARLITO PEPITO, RENE ARAO, JUANITO GAHUM, EMILIANO MAGNO, PERLITO LISONDRA, GREGORIO ALBARAN, ABRAHAM BAYLON, DIONESIO TRUCIO, TOMAS BASCO AND ROSARIO SINDAY, pertitioners, vs.…
- G.R. Number: G.R. No. 95494
- Promulgated: 1990-08-29
- Ponente: Puno, J.
Doctrine
The seven-day waiting period is intended to give the Department of Labor and Employment opportunity to verify majority support for a projected strike.
A strike conducted within the statutory waiting period is plainly illegal because it prevents DOLE verification and frustrates the policy considerations underlying strike regulation.
Leaders of illegal strikes who knowingly violate strike procedures may be dismissed, while rank-and-file participants who were merely misled may be reinstated without backwages.
Facts
The Court declared the strike staged by the Lapanday Agricultural Workers Union to be illegal.
As consequence, specific union officers were declared to have lost employment with Lapanday Agricultural Development Corporation and CADECO Agro Development Philippines.
The strike held on 12 October 1988 was found to have been conducted within the seven (7) day waiting period under paragraph (f), Article 263 of the Labor Code, as amended.
The seven-day waiting period exists to allow the Department of Labor and Employment to verify whether the projected strike has the approval of the majority of union members.
Issues
Whether the strike conducted on 12 October 1988 was illegal for being held within the seven-day waiting period.
Whether the appropriate penalties are dismissal for union leaders and differential treatment (reinstatement without backwages) for rank-and-file participants.
Ruling
The Court ruled the strike to be illegal because it was held within the seven-day waiting period; petition dismissed for failure to show grave abuse of discretion.
The Court affirmed dismissal of the union leaders named and agreed that rank-and-file members who were merely instigated should be reinstated but without entitlement to backwages.