SUPREME COURT DECISIONS

google search for chanrobles.comSearch for www.chanrobles.com

Endnotes:


1 Records, pp. 27 and 28.

2 Id., pp. 29 and 30.

3 Id., pp. 31-45.

4 Id., pp. 46-A and 46-B.

5 Id., p. 47.

6 Id., p. 49.

7 Id., p. 52.

8 Decision penned by Labor Arbiter Jovencio Ll. Mayor Jr.; Rollo, pp. 117-118.

9 Per petitioner de la Rosa, this amounted to P6,418.00; Records, p. 3.

10 Decision penned by Presiding Commissioner Lourdes C. Javier, concurred in by Commissioners Ireneo B. Bernardo and Joaquin A. Tanodra; Rollo, pp. 223-224.

11 In consideration of P103,841.62 as full settlement of Domingo's claim against GREPALIFE; id., pp. 350-351.

12 Id., pp. 362-363.

13 Id., pp. 373-374.

14 Art. 264, par. (e) (on prohibited activities), The Labor Code of the Philippines.

15 Cesario A. Azucena Jr., The Labor Code with Comments and Cases, 1993 Ed., Book II, p. 332.

16 People v. Canada, G.R. No. 112176, 6 February 1996, 253 SCRA 277.

17 See Note 9.

18 Art. 248. Unfair Labor Practices of Employers. - It shall be unlawful for an employer to commit any of the following unfair labor practices: (a) To interfere with, restrain or coerce employees in the exercise of their right to self-organization; (b) To require as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs; (c) To contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their rights to self-organization; (d) To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor organization, including the giving of financial or other support to it or its organizers or supporters; (e) To discriminate in regard to wages, hours of work, and other terms and conditions of employment in order to encourage or discourage membership in any labor organization. Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment, except those employees who are already members of another union at the time of the signing of the collective bargaining agreement. Employees of an appropriate collective bargaining unit who are not members of the recognized collective bargaining agent may be assessed a reasonable fee equivalent to the dues and other fees paid by members of the recognized collective bargaining agent, if such non-union members accept the benefits under the collective agreement: Provided, that the individual authorization required under Article 242, paragraph (o) of this Code shall not apply to the non-members of the recognized collective bargaining agent; (f) To dismiss, discharge, or othewise prejudice or discriminate against an employee for having given or being about to give testimony under this Code; (g) To violate the duty to bargain collectively as prescribed by this Code; (h) To pay negotiation or attorney's fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute; or (i) To violate a collective bargaining agreement. The provisions of the preceding paragraph notwithstanding, only the officers and agents of corporations, associations or partnership who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable.

19 Wise and Co. v. Wise and Co. Employees Union - NATU, G.R. No. 87672, 13 October 1989, 178 SCRA 536.

20 Continental Cement Corporation Labor Union (NLU) v. Continental Cement Corporation, G.R. No. 51544, 30 August 1990, 189 SCRA 134.

21 Manila Electric Company v. NLRC, G.R. No. 114129, 24 October 1996, 263 SCRA 531.

22 Pagkakaisang Itinaguyod Ng Mga Manggagawa sa Ang Tibay (PIMA) v. Ang Tibay, Inc., No. L-22273, 16 May 1967, 20 SCRA 45.




chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman