Case Digest (G.R. No. L-29966)
Facts:
Herald Delivery Carriers Union (PAFLU) and Philippine Association of Free Labor Unions (PAFLU) v. Herald Publications, Inc., G.R. No. L-29966, February 28, 1974, Supreme Court Second Division, Fernando, J., writing for the Court.Petitioners, the Herald Delivery Carriers Union and the Philippine Association of Free Labor Unions, filed a complaint with the Court of Industrial Relations (CIR) on behalf of thirty-three delivery and carrier employees who had been separated or laid off by Herald Publications, Inc. The unions alleged that they had submitted written bargaining proposals on behalf of 90 delivery and carrier workers and that the company had acted unilaterally — contracting out distribution work to twelve independent contractors — thereby causing the separations and undermining collective bargaining.
In their pleading the unions alleged three specific failures by the company: (1) unilateral contracting-out of work affecting mandatory bargaining subjects; (2) failure to file a timely reply to written bargaining proposals as required (referenced in the petition as noncompliance with Sec. 14(a) of R.A. No. 875); and (3) evasion of bargaining through unfulfilled promises to answer or meet. Herald Publications answered that it had denied an employer–employee relationship by contending the carriers were independent contractors and that until that threshold issue was resolved it had no obligation to make a point-by-point reply or to bargain further; it also denied promising to submit counterproposals.
The CIR, in an order dated August 12, 1966 (affirmed by its Resolution of December 10, 1966), found that respondent did not display a strong aversion to meet and that negotiations had not proceeded largely because both sides' negotiators were otherwise engaged in bargaining with a sister union; on that basis the CIR absolved Herald Publications of the charge of refusal to bargain. The unions appealed the CIR resolution to the Supreme Court.
The Supreme Court heard the appeal from the CIR decision and, after review, reversed. The Court found that Herald Publications had committed an unfair labor practice by failing to bargain in good ...(Pro-only)
Issues:
- Did Herald Publications violate its statutory duty to bargain collectively in good faith under the Industrial Peace Act (R.A. No. 875)?
- Does management's exercise of its prerogative to change a distribution system or to contract out work justify refusal to bargain or exclusion of the union from consultation?
- What is the appropriate remedy for the employees separated as a result of the unfair labor practice, given that ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
- (Pro-only)