An ordinary striking worker may not be declared to have lost his employment status by mere participation in an illegal strike. With respect to the union officers, their mere participation in the illegal strike warrants their dismissal.
Arellano University Employees and Workers Union
vs. Court of Appeals
G.R. No. 139940, September 19, 2006
Facts:
The Arellano University Employees and Workers Union (the Union), the exclusive bargaining representative of about 380 rank-and-file employees of Arellano University, Inc. (the University), filed with the National Conciliation and Mediation Board (NCMB) a Notice of Strike charging the University with Unfair Labor Practice (ULP). After several controversies and petitions, a strike was staged. In the Order of August 5, 1998, the DOLE Secretary directed the strikers to return to work within twenty-four (24) hours. The order was served upon the Union on August 6, 1998, and the following day, August 7, 1998, at about 3:00 p.m., the Union lifted its strike.
The University filed a Petition to Declare the Strike Illegal before the National Labor Relations Commission (NLRC). The NLRC granted the petition and declared the loss of employment status of all the strikers for knowingly defying the Return-to-Work Order of the DOLE Secretary.
Issue:
Whether or not an employee is deemed to have lost his employment by mere participation in an illegal strike
Held:
Article 264 of the Labor Code provides:
Article 264. x x x Any union officer who knowingly participates in an illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status
Under the immediately quoted provision, an ordinary striking worker may not be declared to have lost his employment status by mere participation in an illegal strike. There must be proof that he knowingly participated in the commission of illegal acts during the strike. While the University adduced photographs showing strikers picketing outside the university premises, it failed to identify who they were. It thus failed to meet the substantiality of evidence test applicable in dismissal cases.
With respect to the union officers, their mere participation in the illegal strike warrants their dismissal.
Arellano University Employees and Workers Union vs Court of Appeals
4/
5
Oleh
Philippine Legal Forms