O iftheunionsfailtoagreetoholdaconsentelectionthemed

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Unformatted text preview: Office
 Employees
 Union
 sought
 renewal
of
its
CBA.
It
proposed
a
wage
increase
of
 P200
 a
 month,
 an
 allowance
 of
 P100
 a
 month
 and
 other
 economic
 benefits.
 Then,
 company
 reduced
 its
capital
stock.
 58
 The
 petitioner’s
 capital
 reduction
 efforts
 were,
 to
 begin
 with,
 a
 subterfuge,
 a
 deception
 as
 it
 were,
 to
 camouflage
the
fact
that
it
had
been
making
profits,
 and
 consequently,
 to
 justify
 the
 mass
 layoff
 in
 its
 employee
ranks.
 Lockout
or
closure
amounting
to
ULP
 o A
lockout,
actual
or
threatened,
as
a
means
of
dissuading
the
 employees
from
exercising
their
rights
is
clearly
an
ULP
 o However,
 to
 hold
 an
 employer
 who
 actually
 or
 who
 threatens
to
lock
out
his
employees
guilty
of
a
violation,
the
 evidence
 must
 establish
 that
 the
 purpose
 thereof
 was
 to
 interfere
with
the
employees’
exercise
of
their
rights
 Sale
in
bad
faith
 o Moncada
 Bijon
 Factory
 v.
 CIR
 and
 Moncada
 United
 Workers’
 Union
 Kim,
 the
 owner
 of
 the
 factory,
 called
 the
 union
 members
 to
 a
 meeting.
 He
 requested
 them
 to
 resign
 from
 the
 union,
 revert
 to
 their
 working
 hours
 and
 withdraw
 overtime
 claims.
 This
 was
 rejected.
 11
 days
 later,
 Kim
 executed
 a
 deed
 purporting
 to
 convey
 the
 factory
 to
 Yu
 Guat.
 Members
of
the
union
were
not
readmitted.
 Sale
 of
 the
 factory
 was
 simulated
 and
 a
 device
 resorted
merely
to
get
rid
of
the
employees
who
were
 members
of
the
union.
 o Cruz
v.
PAFLU
 Workers
 in
 the
 factory
 formed
 a
 union,
 PAFLU.
 Company
 claimed
 to
 have
 an
 existing
 CBA
 with
 another
 union,
 PTGWO.
 PAFLU
 won
 the
 certification
 election.
 Factory
 was
 sold
 to
 Cruz,
 employee
members
of
PAFLU
were
dismissed
 The
 sale
 of
 a
 business
 enterprise
 to
 avoid
 the
 legal
 consequences
of
an
ULP
is
necessarily
attended
with
 bad
 faith
 and
 both
 the
 vendor
 and
 the
 vendee
 continue
to
be
liable
to
the
affected
workers
 o It
 is
 irrational
 to
 suppose
 that
 a
 purchaser
 of
 a
 manufacturing
 enterprise
 is
 not
 aware
 of
 the
 labor‐ management
situation
in
the
firm
he
bought
 Assumption
of
obligations
by
new
company
 o Philippine
 Land­Air­Sea­Labor
 Union
 (Plaslu)
 v.
 Sy
 Indiong
 Rice
and
Corn
Mill
 PLASLU
 and
 7
 other
 persons
 filed
 a
 ULP
 case
 against
 Sy
 Indong
 and
 Tubod
 Labor
 Union
 (TLU).
 Complainants
 allege
 that
 TLU
 threatened
 them
 with
bodily
harm
unless
they
gave
up
their
jobs
as
 workers
 of
 Sy
 Indiong.
 They
 also
 alleged
 that
 Sy
 Indiong
 discriminated
 against
 them
 by
 refusing
 to
 admit
them
to
work.
 • • • Lalay
Abala.
ALS2014B.
Labor
II.
 While
 case
 was
 pending,
 Sy
 Indong
 sold
 its
 assets
 to
 Sen
 Chiong
 Rice
 and
 Corn
 Mill
 which
 was
 organized
on
the
very
same
day
of
the
sale
 The
 allegations
 of
 Sy
 Indong
 of
 bankruptcy
 is
 untenable.
These
 circumstances,
when
considered
in
 relation
 to
 the
 fact
 that
 the
 ULP
 case
 had
 been
 pending
in
the
CIR,
lead
to
no
other
conclusion
than
 that
the
organizers
of
Sen
Chiong
were
aware
of
said
 case
 when
 they
 established
 the
 company
 and
 acquired
 the
 assets,
 and
 that
 they
 either
 organized
 Sen
Chiong
in
an
attempt
to
relieve
Sy
Indong
of
the
 consequences
 or
 effects
 of
 the
 present
 litigation
 or
 acquired
 such
 assets
 assuming
 the
 risk
 of
 having
 to
 bear
the
liabilities
or
part
thereof
that
said
litigation
 may
eventually
entail.
 • Successor
employer;
piercing
the
corporate
veil
 o Legal
 fiction
 that
 a
 corporation
 is
 an
 entity
 with
 a
 juridical
 personality
 separate
 and
 distinct
 from
 its
 members
 may
 be
 disregarded.
The
doctrine
applies
when
the
corporate
fiction
 is
 used
 to
 defeat
 public
 convenience,
 justify
 wrong,
 protect
 fraud,
or
defend
crime,
etc.
 o H.
Aronson
Co.,
Inc
v.
Associated
Labor
Union
 Labor
union
proposed
a
CBA.
Management
refused.
 Union
 staged
 a
 strike.
 Management
 decided
 to
 dissolve
 the
 corporation,
 thereby
 terminating
 the
 employment
 of
...
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This document was uploaded on 03/11/2014.

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