LABREL DIGEST PRELIM

1. Unfair labor practice acts were stopped immediately

Associated Labor Union vs Borromeo

2. CB contract be entered into

Facts:

- Sugeco counsel replied that Alu no longer represented the

- P ALU is a duly registered labor organization

majority of the Sugeco ees for purposes of negotiation and

P's

members

composed

of

SUGECO's

(Superior

Gas

and

recognition due to the resignation

Equipment Company of Cebu) ees

- SUGECO is a domestic corporation with:

- March 4 1966:

1. Offices in Juan Luna, Cebu

1. Alu struck and picketed the plant in Mandaue

2. Factory plant in Mandaue, Cebu

2. Charged Mrs. Lua, GM and its 2 supervisors of unfair labor

- 1965: Alu and Sugeco entered into a CBA effective until January 1,

practices alleging that they coerced and pressured the Alu

1966

members to resign

- Negotiations for the renewal of the contract began prior to Jan 1

1966

- The Writ of Preliminary Injunction against Alu was annulled

- The negotiation stopped because in Feb 1966, 12 Sugeco ees

resigned from Alu

- Alu resumed the picketing in:

- Alu requested Sugeco not to allow the 12 resigned ees to

1. Plant in Mandaue

work unless they produce a clearance from Alu but Sugeco

2. House of Mrs. Lua and her husband

rejected it because:

3. Store of the Cebu Home and Industrial Supply - owned and

1. It would cause irreparable injury

managed by Mr. Lua, which deals in general merchandise produced

2. Contract has already lapsed

by Sugeco

3. Sugeco could no longer demand said clearance from its ees

- Sugeco suggested that the renewal be resumed if the 12 men

- Rs filed a complaint against Alu to:

rejoin Alu

1. Restrain from picketing the store and residence

- Alu charged Sugeco with:

2. Recover damages

1. Bargaining in bad faith

2. Supervisors campaigned for the resignation of Alu members

- Rs argue that the issue in the lower court does not fall
within the J of the cir:

Alu served Sugeco with notice that they would:

1. No er-ee rel

1. Declare a strike

2. No labor dispute between Alu members and Cebu Home

2. Establish the corresponding picket lines "in any place where your

3. Sugeco products distributed and sold by Cebu Home came from

business may be found"

other parts of the Phils, not from the Sugeco plant in Mandaue

...unless

- Rs deny that the residence of Mr. Lua was used as a place to store
and refill Sugeco gas for resale

in the Philippines
- Respondents pretense is untenable.
- Section 5(a) of Republic Act No. 875 vests in the Court of

- The factual background reveals that, from sometime before

Industrial Relations exclusive jurisdiction over the prevention of any

January 1, 1966 when negotiations for the renewal of the

unfair labor practice

collective bargaining agreement between SUGECO and ALU were

- It is not necessary that "the disputants stand in the proximate

begun to sometime after May 16, 1966, 19 or, at least, from late

relation of employer and employee for an issue "concerning:

in February 1966 when the aforementioned unfair labor practices

1. terms, tenure or conditions of employment, or

were allegedly committed by SUGECO to sometime before June

2. association or representation of persons in negotiating,

21, 1966, 20 there was ample opportunity to store SUGECO

fixing, maintaining, changing, or seeking to arrange terms or

products in respondents premises.

conditions of employment" to partake of the nature of a "labor

- There was reasonable ground for the ALU to believe or suspect

dispute"

that SUCECO was using said premises to circumvent and blunt the

- ALU introduced evidence that the:

ALU strike and picketing in the SUGECO plant in Mandaue or to

1. SUGECO products had been brought to Cebu Home and

2. were being distributed in the latter, as a means to
circumvent, defeat or minimize the adverse effects of the picketing
conducted in the SUGECO plant and offices in Mandaue and Cebu
City respectively
- The ff. circumstances did not place the picketing of the Cebu
Home beyond the pale of Section 9 of Republic Act No. 875
because, as distributor of SUGECO products, Cebu Home was
engaged in the same trade as SUGECO:
1. Products were purchased by Cebu Home before the strike
was declared against SUGECO and
2. Some products were obtained from SUGECO in other parts of
the country
- Neither does the claim that some SUGECO products marketed by
Cebu Home had come, not from the Mandaue plant, but from other
parts of the Philippines, detract from the applicability of said
provisions, considering that:
1. ALU had struck against SUGECO and had announced, as
early as March 1, 1966 or three (3) days before it struck its
intent to picket "any place where your business may be found" and
2. SUGECO in Cebu is a sister company of SUGECO elsewhere

defeat or offset the adverse effects of both.