Title
Bataan Shipyard and Engineering Co., Inc. vs. National Labor Relations Commission
Case
G.R. No. 78604
Decision Date
May 9, 1988
BASECO retrenched 285 employees, targeting NAFLU members, citing financial losses. SC upheld NLRC's ruling of unfair labor practice, affirming discriminatory retrenchment and awarding backwages.

Case Summary (G.R. No. 228795)

Background and Events

BASECO is a corporate entity organized under Philippine law, with its principal office located in Port Area, Manila. Prior to the events at issue, the company filed an application with the NLRC for the retrenchment of 285 employees due to significant financial losses that began in 1979. This led to the retrenchment of employees who had been on sick leave, notably affecting those who were officers or members of the NAFLU, a labor organization registered with the Department of Labor and Employment.

NLRC Proceedings

The NLRC case, designated as NLRC Case No. RAB III-2-536-82, witnessed opposition from NAFLU representing the affected employees, who joined the case as individual complainants. The Executive Labor Arbiter ruled on January 30, 1984, declaring the retrenchment lawful but also concluding that the action was discriminatory against NAFLU members, thus constituting an unfair labor practice.

Appeals and Rulings

BASECO contested both the Executive Labor Arbiter's ruling and the findings on unfair labor practice, with the Third Division of the NLRC affirming the Arbiter's decision on December 27, 1985. The NLRC highlighted the absence of valid reasons for the specific targeting of NAFLU members for retrenchment, emphasizing management knowledge of employees' union affiliations when making such decisions.

Legal Arguments and Petition Submission

On June 10, 1987, BASECO elevated the matter to the Supreme Court via a certiorari petition, arguing that the NLRC erred in its findings of discrimination. The Office of the Solicitor General, representing the NLRC, contended that while retrenchment was legally instituted, the process must not violate principles of fair practice. The Solicitor General referenced substantial evidence indicating that union membership dictated the selection of retrenched employees and underscored the necessity for unbiased criteria in layoffs.

Examination of the Court’s Findings

Upon thorough review, the Supreme Court found merit in the allegations of discriminatory retrenchment practices by BASECO. The Court stated that while the retrenchment itself was valid, the manner of its execution must not infringe on employees' rights to due process and fair trea

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