Case Digest (G.R. No. 98295-99)
Facts:
- A labor union, Aduana Skilled and Unskilled Union (ADSULU), filed a complaint against International Container Terminal Services, Inc. (ICTSI) for illegal dismissal and unfair labor practices.
- ICTSI is a container terminal services company that took over the operation and management of the Manila International Container Terminal (MICT) from the Philippine Ports Authority (PPA).
- The dispute arose when ICTSI did not absorb more than 600 workers from PPA-MICT when it took over the operation.
- ADSULU, along with another labor union, filed a petition for certification election, claiming that there was no existing collective bargaining agreement (CBA) with ICTSI.
- Strikes were staged by the unions, leading to a resolution by the National Labor Relations Commission (NLRC) ordering the reinstatement of some employees and declaring the strikes as illegal.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the petition and affirmed the NLRC's resolution.
- The court ruled that ICTSI's non-absorption of the workers constituted constructive illegal dismissal.
- The court also held that t...(Unlock)
Ratio:
- Under Article 264(a) of the Labor Code, for a worker or union member...continue reading
Case Digest (G.R. No. 98295-99)
Facts:
The case of International Container Terminal Services, Inc. v. National Labor Relations Commission involves a labor dispute between International Container Terminal Services, Inc. (ICTSI) and various labor unions and employees. ICTSI was awarded the management and operation of the Manila International Container Terminal (MICT) by the Philippine Ports Authority (PPA). As part of the agreement, ICTSI was tasked with conducting individual screenings of the PPA employees to determine who would be retained under its employ. However, more than 600 workers were not absorbed by ICTSI. The Aduana Skilled and Unskilled Union (ADSULU) and Luzvimin Integrated Labor Union (LISLU) filed a petition for certification election, claiming that there was no existing collective bargaining agreement (CBA) with ICTSI. Strikes were staged by ADSULU and LISLU, and a subsequent strike was staged by ADSULU. ICTSI filed a complaint to declare the strikes illegal.
Issue:
The main issues raised in the case are as follows: 1) Whether ICTSI's non-absorption of the workers constituted constructive illegal dismissal; and 2) Whether the order of reinstatement for employees who participated in the strike was justified,...