GOLD CITY INTEGRATED PORT SERVICE, INC. (INPORT), vs. NATIONAL LABOR RELATIONS COMMISSION (Fifth Division) ADELO EBUNA, EMMANUEL VALMORIDA, RODOLFO PEREZ, ROGER ZAGADO, MARCOS GANZAN, AND REY VALLE, (WILFREDO DAHAN, ROGELIO VILLAFUERTE, WILFREDO AMPER, RICARDO ABA, YOLITO AMBUS, FIDEL CALIO, VICENTE…
- G.R. Number: G.R. No. 103560
- Promulgated: 1995-07-06
- Ponente: Romero, J.
Doctrine
A strike is a concerted temporary stoppage rooted in an industrial or labor dispute; the cooling‑off period and 7‑day strike ban under Art. 264 are reasonable restrictions validly exercised as police power.
Separation pay is allowed only where the employee is validly dismissed; employees dismissed for causes other than specified statutory grounds are not entitled to separation pay absent legal basis.
An NLRC resolution modified within a reasonable period after a timely motion for reconsideration retains validity; eleven months was not unreasonable in this case.
Facts
INPORT filed certiorari against the NLRC decision in Gold City Integrated Port Services, a prior ruling, et al.; the petitions were consolidated and the employees are private respondents.
The NLRC initially ordered reinstatement or, in lieu, twelve months' separation pay and two years' backwages; this was later modified to six months' separation pay and deletion of backwages with P1,000 compensation.
Petitioner INPORT alleged grave abuse for awarding separation pay and backwages despite the strike being declared illegal; private respondents challenged NLRC's reduction of separation pay and deletion of backwages.
Court found respondents had been dismissed when INPORT refused to accept them back after they refused a 'screening' process; union expulsion under the CBA made reinstatement impossible for some.
Issues
Whether separation pay and backwages may be awarded to participants of an illegal strike.
Whether the NLRC committed grave abuse of discretion in modifying its resolution reducing separation pay and deleting backwages.
Ruling
The petition in G.R. No. 103560 is GRANTED: award of separation pay as equitable relief and P1,000 compensation deleted; award of one month salary per year of service until 1985 for non‑union officers is granted as separation pay. The companion petition G.R. No. 103599 is DISMISSED. No costs.
The Court held respondents were dismissed when INPORT refused their return; reinstatement/backwages depend on legal bases for illegal dismissal but union expulsion under the CBA can render reinstatement impossible.
The NLRC's modification of its 14 January 1991 resolution by its 12 December 1991 resolution was valid; an eleven‑month period before modification was not unreasonable.