Title
Philippine Airlines, Inc. vs. Secretary of Department of Labor and Employment
Case
G.R. No. 88210
Decision Date
Jan 23, 1991
Labor dispute between PAL and PALEA over CBA pay adjustments; strike declared illegal as CBA was active, Secretary of Labor overstepped jurisdiction, monetary benefits upheld.

Case Summary (G.R. No. 88210)

Background of the Labor Dispute and Collective Bargaining Agreement

The dispute arose from the 1986-1989 Collective Bargaining Agreement (CBA) between PAL and PALEA, which included provisions for pay increases and the establishment of a joint PAL/PALEA Payscale Panel tasked with reviewing and updating pay scales and position classifications. The panel was formed and had completed initial evaluations by mid-1988. However, disagreements ensued regarding the minimum salary for the lowest job classification, with PALEA proposing a higher minimum than PAL, leading to a deadlock over wage adjustments. PALEA accused PAL of bargaining in bad faith.

Notice of Strike and Legal Issues Arising

PALEA filed a strike notice with the National Conciliation and Mediation Board (NCMB) on December 29, 1988, citing bargaining deadlock and bad faith bargaining by PAL. PAL opposed the strike, arguing it was premature as the existing CBA still had nine months before expiration, prohibiting termination or modification during its term pursuant to Article 253 of the Labor Code. The NCMB treated the strike notice as a preventive mediation case, which effectively suspended strike action. Despite this, PALEA conducted a strike vote and declared an actual strike on January 20, 1989, paralyzing PAL's operations.

Secretary of Labor’s Assumption of Jurisdiction and Order

PAL petitioned Secretary Drilon to assume jurisdiction over the dispute to prevent the strike, stressing the national interest given PAL’s status as the flag carrier and its critical economic role. The Secretary delayed action for seven days, during which the illegal strike commenced. He then assumed jurisdiction, ordered the strike to cease, mandated reinstatement of striking employees, and awarded monetary benefits to the union members while prohibiting PAL from taking disciplinary or retaliatory action against those involved in the strike. The Secretary also declared the strike valid on the basis that PALEA complied with procedural requirements notwithstanding the contradictory preventive mediation status.

Legal Issues Raised by Petitioner

PAL filed a petition for certiorari alleging grave abuse of discretion by the Secretary of Labor for:

  1. Declaring the strike valid despite being illegal.
  2. Prohibiting PAL from disciplining union officials and members responsible for the illegal strike.
  3. Failing to act promptly to avert the strike, which caused significant operational and economic damage.

Jurisdiction Over Legality of Strike

The Court emphasized that under Article 217(a)(5) of the Labor Code, the jurisdiction to determine the legality of strikes lies exclusively with Labor Arbiters, not the Secretary of Labor. The Secretary’s jurisdiction under Article 263 is limited to resolving the dispute’s issues and does not extend to ruling on strike legality. The legality of the PALEA strike was not submitted for the Secretary’s resolution. Thus, the Secretary acted without jurisdiction in declaring the strike valid.

Grounds for Illegality of the Strike

The Court held the PALEA strike illegal for three key reasons:

  1. Prematurity due to the existing 1986-1989 CBA which prohibited strikes until its expiration on September 30, 1989. Under Article 253 of the Labor Code, parties must maintain the status quo and cannot strike during the CBA’s term.
  2. Violation of the no-strike clause explicitly stated in the CBA prohibiting strikes during its duration.
  3. The NCMB’s classification of the strike notice as a preventive mediation case suspended strike action, making any strike during its pendency unlawful. PALEA failed to seek reconsideration of this declaration.

Rights of the Employer to Take Disciplinary Action

Given the strike’s illegality, PAL was entitled under Article 264 of the Labor Code to impose disciplinary measures, including termination, against union officers and members who participated in or committed illegal acts related to the strike. The Secretary of Labor exceeded his authority by restraining PAL from initiating such disciplinary actions, amounting to unlawful deprivation of property and denial of due p

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