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EN BANC
VILLAMOR, J.:p
This is an appeal by the Caltex Filipino Managers and
Supervisors' Association from the resolution en banc
dated May 16, 1969 of the Court of Industrial Relations
affirming the decision dated February 26, 1969 of
Associate Judge Emiliano C. Tabigne, Associate Judge
Ansberto P. Paredes dissented from the resolution of the
majority on the ground that the Industrial Court in a
representation case cannot take cognizance of the issue
of illegality of a strike and proceed to declare the loss of
the employee status of employees inasmuch as that
matter ought to be processed as an unfair labor practice
case. Judge Tabigne's decision covers two cases,
namely, Case No. 1484-MC (1) in which he declared the
strike staged on April 22, 1965 by the Association as
illegal with the consequent forfeiture of the employee
status of three employees (Jose J. Mapa, President of
the Association; Dominador Mangalino, Vice-President
and Herminigildo Mandanas) and Case No. 4344-ULP
against Caltex (Philippines), Inc., Ben F. Edwards W.E.
Menefee which Judge Tabigne dismissed for lack of
merit and substantial evidence.
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XI
"CAFIMSA members
holding the following
Supervisory Payroll
Position Title are
Recognized by the
Company
Assistant to Mgr. —
National Acct. Sales
Sales Supervisor
Supervisory Assistant
Credit Assistant
Field Engineer
Purchasing Assistant
Depot Supervisor A
Terminal Accountant B
Merchandiser
Instr. — Merchandising
Credit Supervisor A .
Ref. Supervisory
Draftsman
Asst. Supvr. A —
Operations (Refinery)
Asst. Supvr. B —
Maintenance (Refinery)
Supervisory Accountant
(Refinery)
Communications
Supervisor (Refinery)