G.R. No. 173921/G.R. No. 173952. February 24, 2016

'''G.R. No. 173921/G.R. No. 173952. February 24, 2016''' is part of the list of decisions made by the Supreme Court.

Case Details

 * Philippine Airlines, Inc. Vs. Isagani Dawal, et al./Isagani Dawal, et al. Vs. National Labor Relations Commission, et al.
 * G.R. No. 173921/G.R. No. 173952. February 24, 2016
 * Justice xxx
 * http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/61807
 * xxx

Issue

 * xxx

Info
Article 274 of the Labor Code, as amended, qualifies Article 259(i):"[V]iolations of a Collective Bargaining Agreement, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the Collective Bargaining Agreement. For purposes of this article, gross violations of Collective Bargaining Agreement shall mean flagrant and/or malicious refusal to comply with the economic provisions of such agreement."In Silva v. National Labor Relations Commission,[322] we held that for there to be unfair labor practice, the violation of the Collective Bargaining Agreement must be gross and must be related to the Agreement's economic provisions. Here, Dawal, et al. charge PAL of violating the provisions on Job Security in the Collective Bargaining Agreement, which are non-economic in nature. Thus, PAL's acts do not constitute unfair labor practice under Article 259(i) of the Labor Code.

"Finally, aside from reinstatement with backwages, illegally dismissed employees are entitled to interest at the legal rate. In view of our ruling in Nacar v. Gallery Frames and the existing temporary restraining order on the Court of Appeals Decision, the rate of legal interest shall be 6% per annum beginning from the date of promulgation of this judgment until fully paid."

Decision
WHEREFORE, the Petition is DENIED. The Court of Appeals' July 21, 2004 Decision and July 28, 2006 Resolution in CA-G.R. SP No. 73030 are AFFIRMED with MODIFICATION. Judgment is rendered in favor of xxx, xxx, and xxx:  All other claims are dismissed.

Trivia
