G.R. No. 200487 - Bigg's, Inc. vs. Boncacas

Bigg's, Inc. (Bigg's) was the employer of Jay Boncacas and several other employees (union members), who were represented by their union president, Boncacas.
Bigg's operates a chain of restaurants headquartered in Naga City, Camarines Sur.
The employees formed a labor union, the Bigg's Employees Union, registered with the Department of Labor and Employment (DOLE) on January 30, 1996.

On February 16, 1996, around 50 union members staged an illegal "sit-down strike" at Bigg’s restaurant without the required Notice of Strike filings or strike votes for validity.
The union only filed a Notice of Strike belatedly on the day of the strike, attempting to legitimize an illegal act.
Bigg’s placed the striking union members under preventive suspension and required explanations; non-compliance led to their dismissal on February 19, 1996.
During a second strike on March 5, 1996, union members engaged in violence and acts obstructing Bigg’s operations, such as blocking employees and customers, damaging delivery vans and property.

Bigg’s interfered with union activities, threatening employees to withdraw union membership or face dismissal.
Some union members were dismissed for their union affiliation.
On February 16, 1996, union president Boncacas and others were denied entry to company premises.
The union filed a Notice of Strike on February 16, 1996 and attempted to return to work on February 17, but were suspended.
They filed complaints for unfair labor practices, illegal dismissal, and damages before the National Conciliation and Mediation Board (NCMB).

Declared the February 16, 1996 strike illegal for lack of compliance with required procedural prerequisites (Notice of Strike, cooling-off period, strike vote).
Declared the March 5, 1996 strike illegal due to violence and obstruction of company operations.
Upheld the validity of dismissal for union officers (Boncacas, Liria, San Juan, Arines) for participating in illegal strikes.
Ordered reinstatement of union members (non-officers) who did not participate in illegal acts.
Denied claims of unfair labor practices and damages due to lack of evidence.

On April 30, 2002, NLRC reversed the LA, ruling the February 16 strike valid due to unfair labor practices by Bigg’s and no violence during the March 5 strike; ordered reinstatement with backwages and damages.
On October 22, 2002 (Amended Decision), NLRC reversed itself, reinstating the LA Decision for failure of union to comply with strike requirements and presence of violence during the March 5 strike.

Overturned NLRC on the February 16 strike, ruling lack of substantial evidence of a sit-down strike by the union on that date.
Found Bigg’s guilty of anti-unionism and unfair labor practice for barring union members from the premises and dismissing others.
Affirmed the illegality of March 5 strike due to violence and obstruction.
Ordered reinstatement of union members, including some not found contractual employees by Bigg’s.
Upheld dismissals of some union officers but exonerated Boncacas for lack of evidence of participation in illegal acts during March 5 strike.

Names of some union members were excluded for participating in illegal acts or settling claims.
Found the compromise agreement signed by certain union members vague and not waiving their rights.
Maintained the list of union members entitled to reinstatement and backwages.

The union challenged the findings on the illegality of the strike and dismissals, requesting reinstatement, backwages, damages, and inclusion of omitted members.
Bigg's argued the CA erred in reviewing facts, claimed union members refused work causing business closure, and contended separation pay should be awarded instead of reinstatement due to elapsed time and illegal nature of strikes.