Case Summary (G.R. No. 153664)
Collective Bargaining Agreements and Initial Dispute
On February 27, 1987, petitioner and GLOWHRAIN-Silahis executed a CBA covering July 10, 1985 to July 9, 1988. Following alleged illegal dismissals and suspensions of union members, the union filed a notice of strike on May 26, 1987. The Acting Secretary of Labor issued a status quo ante bellum order on June 4, 1987, certifying the dispute to the NLRC for arbitration and ordering employees’ return.
Notices of Strike and Return-to-Work Orders in 1990
On May 9, 1990, the union filed another strike notice over CBA violations and illegal dismissals. A May 23, 1990 status quo ante bellum order again certified the dispute to the NLRC, ordered return to work, and enjoined strike or lockout. The parties executed a third CBA on June 15, 1990, covering July 10, 1988 to July 9, 1991.
Third CBA Violations and Harassment Allegations
Union President Rogelio Soluta protested CBA violations on August 22, 1990, citing unauthorized deduction of union dues. Management responded by suspending union grievance director Apolonio Bondoc, Jr. on September 6, 1990, and counselor Francisco Pineda on September 22, 1990. The union filed contempt and strike notices in late September.
Retrenchment Announcement and Union’s Strike Vote
On October 16, 1990, petitioner’s general manager notified DOLE-NCR of a plan to retrench 171 less-senior employees over 60 days due to financial losses. The union conducted a strike-vote referendum on October 23–24, approved the strike, and informed DOLE-NCR on October 25. On October 31, DOLE-NCR issued a status quo ante bellum order certifying the dispute and enjoining any strike or lockout.
Unauthorized Strike and Management’s Dismissals
Despite the October 31 order, the union staged a picket on November 16, 1990, blocking hotel ingress and egress. Police dispersed picketers and detained union officers. Petitioner then dismissed 60 employees and two union officers effective December 6, 1990, and later dismissed additional employees, citing participation in an illegal strike and gross misconduct.
Labor Arbiter’s Decision on Illegal Strike
On February 12, 1992, Labor Arbiter Linsangan declared the November 16–29, 1990 strike illegal for non-compliance with Articles 263–264 procedural requirements, finding admitted participation by union officers. He upheld the dismissals as legal consequences of an illegal strike.
NLRC’s Affirmation and Humanitarian Assistance
On September 30, 1993, the NLRC dismissed the union’s appeal, affirming the Labor Arbiter’s illegal-strike ruling. It urged—but did not award—financial assistance equivalent to one month’s pay per year of service for humanitarian reasons, citing Supreme Court precedent that voluntary grants may be made but not enforced by award.
Court of Appeals’ Reversal and Remedies
Pursuant to St. Martin Funeral Homes v. NLRC, the CA in January 2002 g
...continue readingCase Syllabus (G.R. No. 153664)
Facts and Antecedents
- Parties: Grand Boulevard Hotel (formerly Silahis International Hotel, Inc.) as petitioner; GLOWHRAIN-Silahis and Edna B. Dacanay as respondents.
- February 27, 1987: First Collective Bargaining Agreement (CBA) executed, covering July 10, 1985–July 9, 1988.
- Post-CBA: Hotel dismissed and suspended certain union members, prompting labor unrest.
Labor Disputes and Early Collective Agreements
- May 26, 1987: Union filed strike notice alleging illegal dismissal, suspension, CBA violations and harassment.
- June 4, 1987: Acting Secretary of Labor issued status quo ante bellum order, certified dispute to NLRC, directed return-to-work.
- May 9, 1990: Union filed second strike notice over CBA breaches and nine illegal dismissals.
- May 23, 1990: SOLE issued another status quo order, enjoined strike/lockout, directed return-to-work and signing of a new CBA.
- June 15, 1990: Third CBA executed, covering July 10, 1988–July 9, 1991.
Status Quo Ante Bellum Orders
- June 4, 1987 Order: Maintained pre-dispute employment terms; compelled return-to-work.
- May 23, 1990 Order: Same directives plus 15-day deadline to finalize CBA.
- October 31, 1990 Order: Certified new dispute to NLRC, enjoined strike/lockout, reinstated suspended union officer.
Retrenchment Program and Union Protests
- October 16, 1990: Hotel’s general manager notified SOLE of plan to retrench 171 least-senior employees over 60 days citing financial losses.
- Union protested in writing; conducted strike referendum October 23–24, 1990—members voted to strike.
- October 31, 1990: SOLE again enjoined strike/lockout pending arbitration.
Implementation of Retrenchment and Further Union Action
- November 5, 1990: Hotel circular announced reduction of plantilla by 200 employees; 60 terminated effective December 6, 1990 (including two union officers).
- November 7, 1990: Union invoked CBA grievance machinery and sought SOLE reconsideration of October 31 order.
- November 14, 1990: Hotel terminated 86 more employees and announced impending six-month closure; Kristoffer So also dismissed.
Strike of November 16–29, 1990
- November 16, 1990: Union filed new strike notice alleging CBA violations, coerc