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G.R. No. L-15363 (Links To An External Site.)

The document discusses three cases - Juanna Torres, Dominador Gonzales, and Honorato Gabriel - regarding alleged unfair labor practices. For Juanna Torres, there was insufficient evidence that her dismissal was due to union activity. For Dominador Gonzales, he was dismissed due to a quarrel, not union activity. For Honorato Gabriel, the company had legitimate business reasons for not repairing his machine, not anti-union discrimination. The Court ruled that no unfair labor practices were proven, so it dismissed the charges against the company without considering claims for reinstatement or backpay.

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271 views

G.R. No. L-15363 (Links To An External Site.)

The document discusses three cases - Juanna Torres, Dominador Gonzales, and Honorato Gabriel - regarding alleged unfair labor practices. For Juanna Torres, there was insufficient evidence that her dismissal was due to union activity. For Dominador Gonzales, he was dismissed due to a quarrel, not union activity. For Honorato Gabriel, the company had legitimate business reasons for not repairing his machine, not anti-union discrimination. The Court ruled that no unfair labor practices were proven, so it dismissed the charges against the company without considering claims for reinstatement or backpay.

Uploaded by

glaide lojero
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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LOJERO, PRINCESS GLAIDINE C.

MA ELEC 1
COA BLK 2G

Case: G.R. No. L-15363 (Links to an external site.)


Guide questions:

 What is the issue pertaining to:

Juanna Torres?

The sufficiency or insufficiency of the cause of her dismissal is not the issue but rather whether the
dismissal of Juana Torres was due to her union activity. As pointed out elsewhere, the evidence does not
warrant a finding that Juana Torres was dismissed because of her alleged union activity.

Dominador Gonzales?

The immediate and fundamental cause of the dismissal of Gonzales was the quarrel that took place
between him and Dionisio Toh on August 2, 1955. This conclusion is supported by the undisputed fact that
Gonzales was barred from entering the company's compound the next day, Aug. 3, 1935 and since that time was
not allowed to work by respondent company. While the union attempted to show that Gonzales was not at fault
and therefore should not be blamed for the quarrel still the preponderance of evidence shows that, it was the
cause of the dismissal. Under the circumstances the undersigned is led to conclude that Gonzales invented the
tale about his alleged union activity and the conversation between him and the company's manager to make it
appear that the dismissal of Gonzales was caused by an unfair labor practice committed by the company.

Honorato Gabriel?

It was claimed by Gabriel that the company refused to repair the machine because of his union activity.
The undersigned, however, cannot see any harm or prejudice caused to the company by reason of such activity.
On the other hand, the non-operation of the machine is patently disadvantageous to the company as it was
deprived of the products produced by that machine. The only logical and sensible conclusion that can be arrived
at in this case is that the company did not endeavor to repair the machine of Gabriel for legitimate business
reasons and not because, of his union activity.

 What were the decisions of the en banc in relation to unfair labor practices?

In the case of Honorato Gabriel no specification of unfair labor practice is made because even the complaint
Gabriel stated or admitted that the axle of the machine, which he operated, broke and as the machine had not yet
been repaired he was unable to do any work. It is therefore respectfully recommended that the complaint in
Case No. 851-ULP alleging discriminatory dismissal of Honorato Gabriel be dismissed.

In conformity with the principles above expressed, we hold that the cases at bar having been instituted
expressly as unfair labor practice cases, pursuant to Section 5 of the Industrial Peace Act, and no unfair labor
practice having been proved to have committed, the Court of Industrial Relations has no power to grant remedy
under its general powers of mediation and conciliation, such as reinstatement or back wages, but must limit
itself to dismissing the charges of unfair labor practice. Conformably thereto, we hold that the majority of the
court below correctly dismissed the charges, without considering the merits of the claim of the two employees,
Juan Torres and Dominador Gonzales, for reinstatement. No costs.
 What should have been done to avoid or to correct the issue pertaining to Juanna Torres?
Dominador Gonzales? Honorato Gabriel?

The Court shall have jurisdiction over the prevention of unfair labor practices and is empowered to prevent
any person engaging in any unfair labor practice. This power shall be exclusive and shall not be affected by any
other means of adjustment or prevention that has been or may be established by an agreement, code, law or
otherwise. If, after investigation, the Court shall be of the opinion that any person named in the complaint has
engaged in or is engaging in any unfair labor practice, then the Court shall state its findings of fact and shall
issue and cause to be served on such person such unfair labor practice and take such affirmative action as will
effectuate the policies of this Act, including (but not limited to) reinstatement of employees with or without
back-pay and including rights of the employees prior to dismissal including seniority. Such order may further
require such person to post the Court's order and findings in a place available to all the employees and to make
reports from time to time showing the extent to which the Court's order has been complied with. If after
investigation the Court shall be of the opinion that no person named in the complaint has engaged in or is
engaging in any such unfair labor practice, then the Court shall state its findings of fact and shall issue an order
dismissing the said complaint, If the complaining party withdraws its complaint, the Court shall dismiss the
case.

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