![]() ![]() 6-Inj., praying for an injunction against the Union owing to the violence allegedly resorted to by its members in connection with said strike. On March 31, 1955, the same filed with said Court a verified complaint - with supporting affidavits - which was docketed as Case No. 598-ULP was pending, or on March 22, 1955, the Union - including petitioners herein, who were members thereof - declared a strike against the aforementioned Corporation. Soon thereafter, or on February 21, 1955, the corresponding complaint for unfair labor practice was filed by an acting prosecutor of said court, who, likewise filed, on March 18, 1955, a supplemental complaint, alleging that respondents had dismissed its above-named employees owing to the aforementioned charges preferred by them, thereby committing an additional act of unfair labor practice, and praying, accordingly, that said employees be reinstated, with back pay. ![]() 598-ULP thereof, charging the Corporation and its vice-president and general manager, Carleton Ashley, with unfair labor practices allegedly committed against its employees and members of the Union, said Mariano Argamusa, Bienvenido Jose and Benigno Sabas, by interfering, restraining and coercing them in the exercise of their rights to self-organization, and by discriminating against them by reason of their union activities. Squibb and Sons (Phil.) - hereafter referred to as the corporation - "to pay the agreed three (3) months separation pay to all claimants herein who have not as yet receive the same." cralaw virtua1aw library Prior to the institution of the case at bar, or on February 2, 1955, the Gas and Chemical Free Workers - a labor organization affiliated with the Federation of Free Workers and hereafter referred to as the Union - and its members, Mariano Argamusa, Bienvenido Jose and Benigno Sabas, filed, with the Court of Industrial Relations, a pleading, which was docketed as Case No. When a labor union accuses an employer of acts of unfair labor practice allegedly committed during a given period of time, the charges should include all acts of unfair labor practice committed against any and all members of the union during that period and it should not, upon dismissal of the charges first preferred, be allowed to split its cause of action and harass the employer with subsequent charges, based upon acts committed during the same period of time.Īppeal by certiorari from a decision of the Court of Industrial Relations dismissing this case and directing respondent E. CHARGES DEEMED TO INCLUDE ALL ACTS OF UNFAIR LABOR PRACTICE DURING SAME PERIOD OF TIME. A compromise agreement between the Union and the Company, pursuant to which the complaint in an unfair labor practice case had been withdrawn and dismissed, is binding upon the minority members of the union, and the action taken by said minority members in disauthorizing the counsel of record and filing another unfair labor practice case against the company is contrary to the policy of the Magna Carta of Labor, which promotes the settlement of the differences between management and labor by mutual agreement, and, if said action were tolerated, no employer would ever enter into any compromise agreement for the minority members of the union will always dishonor the terms of the agreement and demand for better terms. ![]() LABOR LAWS UNFAIR LABOR PRACTICE COMPROMISE AGREEMENT RESULTING IN WITHDRAWAL AND DISMISSAL OF CASE BINDING UPON MINORITY MEMBERS OF UNION. ![]()
0 Comments
Leave a Reply. |