LIWAYWAY PUBLICATIONS VS PHILIPPINE CONCRETE

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

LIWAYWAY PUBLICATIONS VS PHILIPPINE CONCRETE

 

FACTS:  The picket held by defendant-appellant union against their employer prevented herein plaintiff-appellee’s truck from loading and unloading of its products inside the premises of Permanent Concrete Products, where the plaintiff-appellee was occupying as a sub-lessee. Hence, the latter sought to enjoin the picket.

ISSUE:  May a picket be enjoined at the instance of a third party?

HELD:  Yes. Peaceful picketing, while being allowed as a phase of freedom of expression guaranteed by the Constitution and could not be curtailed even in the absence of employer-employee relationship, is not an absolute right. The courts are not without power to localize the sphere of demonstration, whose interest are foreign to the context of the dispute. Thus the right may be recognized at the instance of an “innocent bystander” who is not involved in the labor dispute if it appears that the result of the picketing is create an impression that a labor dispute exists between him and the picketing union.

LABREL CASE DIGEST POOL / ATTORNEY JHONELLE ESTRADA / MONDAYS / 5:30 PM TO 8:30 PM / NEW ERA UNIVERSITY COLLEGE OF LAW

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