Philippinenational construction o

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Unformatted text preview: eceipt
of
the
complete
records.
 o No
 motion
 for
 postponement
 or
 extension
 shall
 be
 entertained.
 o Upon
 issuance
 of
 the
 entry
 of
 judgment,
 the
 Commission,
 motu
 proprio
 or
 upon
 motion
 by
 the
 proper
 party,
 may
 cause
the
execution
of
the
judgment
in
the
certified
case
 Assumption
order
regulates
management
prerogatives
 o One
of
the
aims
of
Article
263(g)
is
to
control
a
labor
dispute
 detrimental
 to
 national
 interest.
 When
 such
 dispute
 has
 in
 fact
 occurred
 and
 a
 general
 injunction
 has
 been
 issued
 restraining
 the
 commission
 of
 disruptive
 acts,
 management
 prerogatives
 must
 be
 exercised
 consistently
 with
 the
 statutory
objective
 o Metrolab
Industries
v.
Roldan­Confesor
 Secretary
assumed
jurisdiction
over
dispute.
While
 the
 dispute
 was
 still
 unresolved,
 the
 company
 laid
 off
employees
on
ground
of
redundancy
due
to
lack
 of
 work.
 Secretary
 nullified
 the
 dismissals.
 Metrolab
 claims
 that
 the
 order
 enjoining
 the
 parties
 from
 committing
 an
 act
 that
 might
 exacerbate
 the
 dispute
 is
 overly
 broad,
 sweeping,
 and
 vague
 and
 should
 not
 be
 used
 to
 curtail
 employer’s
right
to
manage
his
business
 SC
 sided
 with
 the
 secretary
 –
 Any
 act
 committed
 during
the
pendency
of
the
dispute
that
tends
to
give
 rise
 to
 further
 contentious
 issues
 or
 increase
 the
 tensions
between
the
parties
should
be
considered
an
 act
 of
 exacerbation.
 One
 must
 look
 at
 the
 act
 itself,
 not
on
speculative
reactions.
This
unilateral
action
of
 management
 is
 a
 blatant
 violation
 of
 the
 injunction
 of
 the
 Secretary
 against
 committing
 acts
 which
 would
 exacerbate
 the
 dispute.
 The
 mass
 layoff
 is
 clearly
one
which
would
result
in
a
very
serious
labor
 dispute
unless
the
Secretary
swiftly
intervenes.
 “Legal
discretion”;
judicial
review
of
secretary’s
award
or
order
 o The
 SC
 has
 taken
 a
 position
 of
 respect
 and
 understanding
 towards
the
secretary’s
resolution
of
national
interest
cases.
 But
 it
does
not
mean
exemption
from
judicial
review.
Courts
 can
 inquire
 into
 the
 correctness
 or
 reasonableness
 of
 the
 contents
of
the
secretary’s
order,
award,
or
resolution
 o No
matter
how
broad
the
exercise
of
discretion
is,
the
same
 must
be
within
the
confines
of
law
 o Manila
Electric
Co
v.
Quisumbing
 Meralco
 and
 MEWA
 were
 renegotiating
 their
 CBA,
 deadlocked
on
certain
issues.
Meralco
management
 petitioned
 th...
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This document was uploaded on 03/11/2014.

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