Title
Hongkong and Shanghai Banking Corp. Employees Union vs. National Labor Relations Commission
Case
G.R. No. 156635
Decision Date
Jan 11, 2016
Union's 1993 strike against HSBC declared illegal due to procedural violations; some employees unlawfully dismissed, awarded backwages, separation pay, and nominal damages.

Case Digest (G.R. No. 156635)
Expanded Legal Reasoning Model

Facts:

  • Background and Collective Bargaining
    • The Hongkong & Shanghai Banking Corporation Employees Union (Union) was the certified bargaining agent of HSBC rank-and-file employees under a CBA effective April 1, 1990–March 31, 1993 (economic) and until 1995 (representational).
    • On January 18, 1993, HSBC implemented a Job Evaluation Program (JEP) retroactive to January 1, 1993, altering salary scales per grade level.
  • Dispute, Concerted Actions, and Strike
    • The Union claimed the JEP was an unfair labor practice (ULP), demanded its suspension (Jan 20, 1993), and engaged in picketing from January 22, 1993 onward.
    • Renegotiations of economic terms began March 5, 1993, but picketing continued; HSBC filed a ULP complaint with the NLRC.
    • A strike vote was held December 19, 1993 (majority in favor); picketing and walkouts occurred December 22, 1993, with alleged obstruction of HSBC’s entry/exit.
    • HSBC sought habeas corpus for trapped officers, obtained TRO and preliminary injunction (Jan 1994), and issued return-to-work notices on December 22; only 25 employees complied.
    • HSBC terminated non-returning employees on December 27, 1993; the Union officers and some members persisted in picketing.
  • Adjudications Below
    • Labor Arbiter (1998) declared the strike illegal for non-compliance with Article 263 (no notice, no cooling-off, no secret ballot report) and ordered dismissal of participants and P45,000 damages.
    • NLRC modified: found 18 members not proven to have committed illegal acts; ordered for those 18 only P5,000 indemnity and separation pay.
    • Court of Appeals (2002) deleted indemnity award; granted backwages under Serrano doctrine to the 18 employees; denied reconsideration.

Issues:

  • Was the strike of December 22, 1993 lawfully conducted?
  • Were the petitioners validly dismissed for participating in that strike or in illegal acts therein?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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