Samahang manggagawa sa permex v secretary of labor no

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Unformatted text preview: all
 the
 employees.
 Management
 formed
some
other
corporation
 Dissolution
 of
 the
 corporation
 and
 the
 subsequent
 incorporation
of
new
ones
were
part
and
parcel
of
a
 plan
 to
 accomplish
 the
 dismissal
 of
 the
 individual
 respondents.
 Second
ULP:
“yellow
dog”
condition
(Article
248[b])
 • Yellow
dog
contract
is
a
promise
exacted
from
workers
as
a
condition
 of
 employment
 that
 they
 are
 not
 to
 belong
 to,
 or
 attempt
 to
 foster,
 a
 union
during
their
period
of
employment
 • Typical
 yellow
 dog
 contract
 is
 an
 at‐will
 employment
 agreement
 which
 contains,
 in
 addition
 to
 the
 usual
 provisions
 for
 employment
 the
following
provisions
–

 o A
representation
by
the
employee
that
he
is
not
a
member
of
 a
labor
union
 o A
promise
by
the
employee
not
to
join
a
labor
union
 o A
promise
by
the
employee
that,
upon
joining
a
labor
union,
 he
will
quit
his
employment
 • “Only
a
yellow
dog,
cried
the
unionists,
would
sign
such
a
contract”
 • Such
a
contract
is
an
ULP
by
express
provision
of
the
law
 Third
ULP:
contracting
out
(Article
248[c])
 • ULP
 for
 an
 employer
 to
 contract
 out
 services
 or
 functions
 being
 performed
 by
 union
 members
 when
 such
 act
 will
 interfere
 with,
 restrain
or
coerce
employees
in
the
exercise
of
their
right
to
S.O.

 6. 7. 59
 • • • • Note
that
contracting
out,
itself,
is
NOT
ULP;
BUT
it
is
the
ill
intention
 that
makes
it
so
 o Contracting
 out
 is
 ULP
 where
 motivated
 by
 a
 desire
 to
 prevent
 his
 employees
 from
 organizing
 and
 selecting
 a
 collective
 bargaining
 representative,
 rid
 himself
 of
 union
 men,
or
escape
his
statutory
duty
to
bargain
collectively
with
 his
employees’
bargaining
representative
 o BUT
 an
 employer
 is
 NOT
 guilty
 of
 an
 ULP
 in
 contracting
 work
out
for
BUSINESS
REASONS
 In
 Manila
 Electric
 Company
 v.
 Quisumbing
 and
 MEWA,
 Secretary
 of
 Labor
 imposed
 upon
 management
 the
 duty
 to
 consult
 the
 union
 before
 implementing
 a
 job
 contracting
 out
 that
 would
 last
 for
 6
 months
or
more.
Court
invalidated
such,
while
noting
that
contracting
 out
is
subject
to
legal
limitations
 o Company
can
determine
in
its
best
business
judgment
whether
 it
should
contract
out
the
performance
of
some
of
its
work
for
 as
 long
 as
 the
 employer
 is
 motivated
 by
 good
 faith,
 and
 the
 contracting
out
must
not
have
been
resorted
to
to
circumvent
 the
 law
 or
 must
 not
 have
 been
 the
 result
 of
 malicious
 or
 arbitrary
action
 Contracting
out
restricted
by
CBA
 o Shell
Oil
Workers’
Union
v.
Shell
Company
of
the
Philippines
 Shell
 dissolved
 its
 security
 guard
 section
 and
 replaced
 it
 with
 an
 outside
 agency,
 claiming
 that
 such
 act
 was
 a
 valid
 exercise
 management
 prerogative
 Issue:
 Whether
 the
 then
 existing
 CBA
 running
 for
 three
 years
 constituted
 a
 bar
 to
 such
 decision
 reached
by
management?
YES.
 There
was
specific
coverage
concerning
the
security
 guard
section
in
the
CBA.
It
was
thus
an
assurance
of
 security
of
tenure,
at
least,
during
the
lifetime
of
the
 agreement.
The
Shell
Company
did
not
have
to
agree
 to
 such
 a
 stipulation.
 There
 can
 be
 no
 justification
 for
 Shell’s
 insistence
 on
 pushing
 through
 its
 project
 of
 such
 dissolution
 without
 thereby
 incurring
 a
 violation
of
the
CBA.
 Runaway
shop
 o Runaway
 shop
 is
 an
 industrial
 plant
 moved
 by
 its
 owners
 from
 one
 location
 to
 another
 to
 escape
 union
 labor
 regulations
or
state
laws
 Term
is
also
used
to
describe
a
plant
removed
to
a
 new
 location
 in
 order
 to
 discriminate
 against
 employees
 at
 the
 old
 plant
 because
 of
 their
 union
 activities
 Where
a
plant
removal
is
for
business
reasons
but
 the
 relocation
 is
 hastened
 by
 anti‐union
 motivation,
the
early
removal
is
an
ULP
 o Employer
 may
 legitimat...
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