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All Jurisprudence based

0 tracked cards Labor and Social Legislation

Lumina Textiles Co., a private manufacturing company with 120 employees, has a certified bargaining representative for 3 years. The company issues a policy titled "Union Participation Policy" providing: (1) employees may not attend union meetings during working hours on company premises; (2) any participation in union activities requires prior written approval from a supervisor; (3) violations may result in disciplinary action up to suspension. An employee who is a union member attends a local union meeting during his scheduled shift on company premises and is suspended for two days for alleged misconduct. The union files an unfair labor practices complaint with NLRC. Which statement best describes the controlling doctrine and the likely legal posture of management's action under Philippine law?

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The controlling doctrine is the workers’ right to self-organization and collective bargaining; the policy and suspension constitute an unfair labor practice; remedies include reinstatement with full back wages and damages; standing to sue lies for the employee and the accredited bargaining representative. The policy is valid but the suspension is invalid for lack of due process; the correct remedy is to set aside the suspension, with the employee reinstated; standing to sue lies with the employee alone. The policy is a valid exercise of management prerogative; the suspension is permissible disciplinary action; there is no unfair labor practice; standing to sue rests with the company only and not the union. The policy constitutes interference with the right to form a union and to bargain collectively; the remedy is voiding of the policy and reinstatement of the employee; standing includes both the employee and the union.

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