Topic: In Pari Delicto in labor cases
AUTOMOTIVE ENGINE
REBUILDERS V. PROGRESIBONG UNYON
[G.R. No. 160192, July 13, 2011]
FACTS:
AER is an automotive engine repair company. Progresibong Unyon is the legitimate labor union of AER’s rank and file employees. Both parties filed a complaint against each other before the NLRC.
AER filed a complaint against Unyon and its 18 members for illegal concerted activities. It likewise suspended 7 union members tested positive for illegal drugs. AER claims that Unyon was guilty of staging an illegal strike. On the other hand, Unyon filed a counter charge accusing AER of unfair labor practice, illegal suspension and illegal dismissal. Unyon claims that AER committed an illegal lockout.
The dispute arose a day after the union filed a petition for certification election before the DOLE. At that time, AER required all its employees to undergo a compulsory drug test. Employees who were found positive for illegal drugs were suspended thereafter. In protest of the alleged illegal suspension, the complaining workers staged a one day walkout. Subsequently, AER dismissed concerned employees as penalty for the alleged illegal strike.
Likewise, AER had also pulled out machines from the main building to the AER-PSC compound located on another street. Consequently, protesting employees forced their way to the AER-PSC premises to try to bring out the boring machine.
On appeal, CA decided to order reinstatement of all suspended employees without back wages.
ISSUE:
Are both parties guilty of in pari delicto?
HELD:
Yes. Both AER and Unyon are at fault or in pari delicto, thus, they should be restored to their respective positions prior to the illegal strike and illegal lockout. Nonetheless, if reinstatement is no longer feasible, the concerned employees should be given separation pay up to the date set for the return of the complaining employees in lieu of reinstatement.
Petitions denied.
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