Академический Документы
Профессиональный Документы
Культура Документы
ER Industries Philippines
INC.,
Complainant,
-versus-
NLRC CASE NO.
RAB III 12-3456
Ee1 P. Castillo,
Respondents.
x----------------------------------------
--x
POSITION PAPER
I
PREFATORY STATEMENTS
PARTIES
III
STATEMENT OF FACTS
6. They did not report for work collectively and deliberately failed to
thought of the companys welfare. ER suffered losses in the
amount of Php 2, 561, 595. 11 as a result of the illegal strike;
hereto attached as Annex D-series is the accounting estimate
of labor cost lost by the company.
ISSUES
1) Non-compliance with
Article 277 of the Labor
Code renders a labor
strike illegal
RULE XXII
CONCILIATION, STRIKES AND LOCKOUTS
xxxx
SEC. 6. Who may declare a strike or lockout.
Any certified or duly recognized bargaining
representative may declare a strike in cases of
bargaining deadlocks and unfair labor practices. The
employer may declare a lockout in the same cases. In
the absence of a certified or duly recognized bargaining
representative, any legitimate labor organization in
the establishment may declare a strike but only on
grounds of unfair labor practice. (Emphasis supplied.)
It is, thus, clear that the strike carried out did not comply
with the aforequoted mandatory requirement of law and its
implementing rules. Consequently, the strike is illegal.
1 The Hongkong and Shanghai Banking Corporation Employees Union, et.al v NLRC
and The HSBC, Ltd. GR. No. 156635 January 11, 2016.
The action taken by the respondents constitutes a valid
ground for the termination of their employment. Grievances, no
matter how legitimate are they, must be aired using only the right
avenues.
VI.
PRAYER
Other reliefs that are just and equitable under the premises
are likewise prayed for.
Privet Drive Diagon Alley, Pampanga for City of San
Fernando, Pampanga February 13, 2017.