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All Jurisprudence based

0 tracked cards Labor and Social Legislation

During the freedom period after a petition for certification was filed with the NLRC, an information-technology services firm with 900 employees publicly states that employees who join the union will be excluded from receiving the upcoming quarterly production bonus; two known union organizers are reassigned to less favorable projects; and eligibility for a forthcoming wage adjustment is withheld. An employee joins the union during the freedom period. After the certification election, the reassigned organizers are restored and the wage adjustment is granted, but the bonus ban for joiners remains. Which statement best captures (a) the controlling doctrine governing the freedom period and its scope, (b) which acts during the freedom period infringe or do not infringe that doctrine, and (c) the appropriate remedy under Philippine law?

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During the freedom period, acts that penalize or promise benefits to employees for union involvement infringe the doctrine; all three actions (bonus denial, reassignment of organizers, and wage-withholding) are unfair labor practices; remedy: reinstatement to status quo ante with back wages and all benefits due, including the denied bonus. Only the denial of the quarterly production bonus constitutes ULP; the reassignment and wage-withholding are permissible management prerogatives; remedy: reverse the bonus denial only. Reassignment of organizers is a permissible management prerogative; the bonus denial and wage-withholding are not; remedy: address with the union but no compensation. All three acts infringe on the freedom-period doctrine; remedy includes status quo ante reinstatement, back wages for the denied bonus and wage increases, and restoration of benefits; damages may be awarded if warranted.

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