Ferrer, et al. vs. Court of Industrial Relations, et al.

Posted: May 1, 2015 in case digests, labor relations
Tags: , ,

Ferrer, et al. vs. Court of Industrial Relations, et al.

PETITION for review by certiorari of a resolution of the Court of Industrial Relations.


These are two (2) unfair labor practice cases commenced in the Court of Industrial Relations. One was filed by the Management of Inhelder Laboratories, Inc. and its sister companies  against the Labor Union of employees thereof and some officers and members of the Union, and the other by the latter against the former.

Petitioners filed a 30-day notice of strike upon the ground that respondents had been “bargaining in bad faith.” The management, in turn, filed unfair labor practice charges against the Union, for alleged refusal to bargain. Meanwhile, the Management suspended, transferred and/or demoted union members. Before the expiration of the 30-day period, petitioners declared a strike.

The trial Judge rendered a decision dismissing the complaints in both cases. On motion for reconsideration filed by the Management, the Court of Industrial Relations en banc, reconsidered the latter’s decision, insofar as it dismissed the complaint of the Management, and decreed that the officers and members of the Union who had participated in a peaceful strike staged by the latter from July 1 to July 15, 1963, “be considered to have lost their status as employees of the companies” aforementioned,

Hence, this appeal by certiorari taken by the Union and its members adversely affected by the said resolution. Petitioners contend that it was not, for the reason that the strike was provoked by alleged unfair labor practices on the part of the respondents and because said petitioners had acted in good faith in staging said strike.


Whether said strike was illegal or not


Although the Management may have had the strict legal right to take disciplinary and other administrative measures against the union members, however, the time chosen by the Management therefor justified the belief of the Union that the real or main purpose of the Management was to discourage membership in the Union and to discredit the officers thereof. The strike having been called to offset what petitioners were warranted in believing in good faith to be unfair labor practices on the part of the management, the petitioners were not bound to wait for the expiration of thirty (30) days f rom notice of strike before stating the same. The strike was not, accordingly, illegal and the strikers had not thereby lost their status as employees of respondents. Considering, however, that the latter have been absolved from the charge of unfair labor practice, the reinstatement of the strikers must be without backpay.


Wherefore, the resolution appealed from should be, as it is hereby modified accordingly, without special pronouncement as to costs.



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