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Petitioners: Third Division
Petitioners: Third Division
DECISION
MENDOZA, J : p
Simply put, the issue for the Court's resolution is whether ULP acts
were committed by petitioners against respondents in the case at bench.
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In support of their position, petitioners stress that T&H Shopfitters and
Gin Queen are corporations separate and distinct from each other.
Consequently, T&H Shopfitters and Stinnes Huang, an officer of T&H
Shopfitters, cannot be held liable for ULP for the reason that there is no
employer-employee relationship between the former and respondents.
Further, Gin Queen avers that its decision to implement an enforced rotation
of work assignments for respondents was a management prerogative
permitted by law, justified by the decrease in the orders it received from its
customers. It explains that its failure to present concrete proof of its
decreasing orders was due to the impossibility of proving a negative
assertion. It also asserts that the transfer from Castillejos to Cabangan was
made in good faith and solely because of the expiration of its lease contract
in Castillejos.
The Court's Ruling
As to the issue of ULP, petitioners' argument is utterly without merit.
In the case at bench, petitioners are being accused of violations of
paragraphs (a), (c), and (e) of Article 257 (formerly Article 248) of the Labor
Code, 13 to wit:
Article 257. Unfair labor practices of employers. — It shall be
unlawful for an employer to commit any of the following unfair labor
practices:
(a) To interfere with, restrain or coerce employees in the exercise
of their right to self-organization;
xxx xxx xxx
(c) To contract out services or functions being performed by
union members when such will interfere with, restrain, or coerce
employees in the exercise of their right to self-organization;
xxx xxx xxx
(e) To discriminate in regard to wages, hours of work, and other
terms and conditions of employment in order to encourage or
discourage membership in any labor organization. . . .
The concept of ULP is embodied in Article 256 (formerly Article 247) of
the Labor Code, 14 which provides:
Article 256. Concept of unfair labor practice and procedure for
prosecution thereof. — Unfair labor practices violate the constitutional
right of workers and employees to self-organization, are inimical to the
legitimate interests of both labor and management, including their
right to bargain collectively and otherwise deal with each other in an
atmosphere of freedom and mutual respect, disrupt industrial peace
and hinder the promotion of healthy and stable labor-management
relations.
xxx xxx xxx
In essence, ULP relates to the commission of acts that transgress the
workers' right to organize. As specified in Articles 248 [now Article 257] and
249 [now Article 258] of the Labor Code, the prohibited acts must necessarily
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relate to the workers' right to self-organization . . . . 15
Footnotes
* Designated Acting Member in lieu of Associate Justice Roberto A. Abad, per
Special Order No. 1640 dated February 19, 2014.
1. Rollo , pp. 34-45. Penned by Associate Justice Jose C. Reyes with Presiding Justice
Conrado M. Vasquez and Associate Justice Apolinario D. Bruselas, Jr.,
concurring.
19. Surigao Del Norte Electric Cooperative v. Gonzaga, G.R. No. 187722, June 10,
2013, citing Caltex Philippines, Inc. v. Agad, G.R. No. 162017, April 23, 2010,
619 SCRA 196, 207.
20. Art. 111. Attorney's fees. —
a. In cases of unlawful withholding of wages, the culpable party may be
assessed attorney's fees equivalent to ten percent of the amount of wages
recovered.
b. It shall be unlawful for any person to demand or accept, in any judicial or
administrative proceedings for the recovery of wages, attorney's fees which
exceed ten percent of the amount of wages recovered.