Professional Documents
Culture Documents
,
Employees Association - NATU, FGU
Insurance Group Workers and Employees
Association - NATU, and Insular Life
Building Employees Association - NATU,
petitioners
vs.
The Insular Life Assurance Co., Ltd., FGU
Insurance Group, Jose M. Olbes, and Court
of Industrial Relations, respondents.
G.R. No. L-25291, January 20, 1971
FACTS:
ISSUES:
I.
II.
HELD:
First issue. The Companies contended that by
sending those letters, it constituted a
legitimate exercise of their freedom of
expression. That contention is untenable. The
Companies are guilty of unfair labor practice
when they sent individual letters to the
strikers. It is an act of interference with the
right to collective bargaining through dealing
with the strikers individually instead of through
their collective bargaining representatives.
Although the Unions are on strike, the
employer is still obligated to bargain with the
union
as
the
employees
bargaining
representative. Further, it is also an act of
interference for the employer to send
individual letters to the employees notifying
them to return to their jobs, otherwise, they
would be replaced. Individual solicitation of the
employees urging them to cease union activity
or cease striking consists of unfair labor
practice. Furthermore, when the Companies
offered
to
bribe
the
strikers
with
comfortable cots, free coffee, and movies,
overtime work pay so they would abandon
their strike and return to work, it was guilty of
strike-breaking and/or union busting which
constitute unfair labor practice.
Second Issue. Some of the members of the
Unions were refused readmission because they
had pending criminal charges. However,
despite the fact they were able to secure
clearances, 34 officials and members were still
refused readmission on the alleged ground that
they
committed
acts
inimical
to
the
Companies. It should be noted, however, that
non-strikers who also had criminal charges
pending against them in the fiscals office,
arising from the same incidents whence
against the criminal charges against the
strikers are involved, were readily readmitted
and were not required to secure clearances.
This is an act of discrimination practiced by the
Companies in the process of rehiring and is