Visayas Community Medical Center vs Yballe

Case Digest: GR 196156 Jan 15, 2014

Facts:
The NFL is the exclusive bargaining representative of the rank-and-file employees of MCCH (now
VCMC). NAMA-MCCH-NFL is a local affiliate whose union leaders proceeded to strike despite the
fact that it is not a legitimate labor organization. The respondents in this case are staff nurses
and midwives of MCCH who actively joined and were believed to have took part in committing
illegal acts during the strike. Consequently, MCCH terminated the union leaders of NAMA-MCCH-
NFL as well as the respondents. The CA, however, found that respondents cannot be considered
to have committed illegal acts since their participation was limited to the wearing of arm bands.
Issue 1: W/N the dismissal of the respondents is valid
Held:
No. Article 263 (a)(par 3) provides that any union officer who knowingly participated in an illegal
strike and any union officer or union member who knowingly participates in the commission of
illegal acts during a strike may be declared to have lost his employment status. Here, the
respondents merely participated in the illegal strike but did not commit any of the illegal acts.
Hence, their termination is not valid.
Issue 2: W/N the respondents are entitled to backwages
No. The principle of a fair days wage for a fair days labor remains as the basic factor in
determining the award of backwages. If there is no work performed by the employee there can
be no wage or pay unless the laborer was able, willing and ready to work but was illegally locked
out, suspended or dismissed or otherwise illegally prevented from working. For this exception to
apply, it is required that the strike be legal. Since the strike in this case was illegal, the
respondents cannot be awarded with backwages.
Issue 3: W/N the respondents are entitled to reinstatement
No. Considering that strained relations ensued, the grant of separation pay to respondents is the
alternative in lieu of reinstatement.
Jurisprudence states that the alternative relief for union members who were dismissed for having
participated in an illegal strike is the payment of separation pay in lieu of reinstatement under
the following circumstances: (a) when reinstatement can no longer be effected in view of the
passage of a long period of time or because of the realities of the situation; (b) reinstatement is
inimical to the employers interest; (c) reinstatement is no longer feasible; (d) reinstatement
does not serve the best interests of the parties involved; (e) the employer is prejudiced by the
workers continued employment; (f) facts that make execution unjust or inequitable have
supervened; or (g) strained relations between the employer and employee. ##