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YOLITO FADRIQUELAN, et al. vs.

Monterey Foods Corporation


G.R. No. 178409 | 8 June 2011
Doctrine:
A strike conducted after the Secretary of Labor has assumed jurisdiction over a labor dispute is illegal and
any union officer who knowingly participates in the strike may be declared as having lost his
employment. The present case involved a slowdown strike. Unlike other forms of strike, the employees
involved in a slowdown do not walk out of their jobs to hurt the company. They need only to stop work or
reduce the rate of their work while generally remaining in their assigned post. The Supreme Court upheld
the finding that the union officers committed illegal acts that warranted their dismissal from work when
they refused to work or abandoned their work to join union assemblies after the Labor Secretary assumed
jurisdiction over the labor dispute.
Facts:
The collective bargaining agreement between Buklod ng Manggagawa sa Monterey-Ilaw at Buklod ng
Manggagawa (the union) and Monterey Foods Corporation (the company) expired on 30 April 2002.
On 28 March 2003, the negotiation for a new CBA reached a deadlock with the union filing for a notice of
strike with the NCMB.
The company filed with the DOLE a petition for assumption of jurisdiction. As a result, the DOLE
secretary assumed jurisdiction on 12 May 2003 and enjoined the union from holding any strike.
The union filed a second notice of strike on the grounds of alleged unfair labor practices by the company
resulting in the charging of intentional acts of slowdown by the company against the union officers. Six
days later, on 16 June, the company sent new notices to the officers informing them of their termination.
The union file d a third notice of strike which was subsumed by the DOLE under the first and the second
notices.
The company filed a petition for certification of the labor dispute to the NLRC for compulsory arbitration
but was denied the motion.
On 20 November 2003, the DOLE upheld the companys termination of the 17 union officers. The union
appealed the decision to the Court of Appeals.
On 29 May 2006, the CA upheld the termination of the 10 union officers but declared illegal the rest.
Issue/s:
1. Whether or not the CA erred in holding that slowdowns actually transpired at the companys farms.
2. Whether or not the CA erred in holding that union officers committed illegal acts that warranted their
dismissal from work.
Held:
1. No. The CA was correct seeing that the union held its assemblies to supposedly inform their members of
the developments of the CBA at the same time and the same day (26 May 2003, 7:00am at the Cavite and
Batangas farms) along with separate company farms causing a significant delay of work.
In a slowdown strike employees do not walk out of their jobs to hurt the company. They need only to stop
work or reduce the rate of their work while generally remaining in their assigned post.

The law is explicit: no strike shall be declared after the Secretary of Labor has assumed jurisdiction over a
labor dispute. A strike conducted after such assumption is illegal and any union officer who knowingly
participates in the same may be declared as having lost his employment.
2. A distinction lies between ordinary workers liability and union officers. The ordinary worker cannot be
terminated for merely participating in the strike as there must be proof that he committed illegal acts during
its conduct. A union officer, however, can be terminated upon mere proof that he knowingly participated in
the illegal strike.

Dispositive:
WHEREFORE, the Court MODIFIES the decision of the Court of Appeals in CA-G.R. SP
82526, DECLARES Monterey Foods Corporations dismissal of Alberto Castillo, Nemesio Agtay, Carlito
Abacan, and Yolito Fadriquelan illegal, andORDERS payment of their separation pay equivalent to one
month salary for every year of service up to the date of their termination. The Court also ORDERS the
company to pay 10% attorneys fees as well as interest of 6% per annum on the due amounts from the time
of their termination and 12% per annum from the time this decision becomes final and executory until such
monetary awards are paid.

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