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    Kapisanan NG Mangagawa

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    ariel lapira
    The Supreme Court ruled that the mass action staged by GSIS employees who are members of the Kapisanan Ng Mga Manggagawa sa GSIS union partook of a prohibited strike or concerted mass action. The Court defined a prohibited concerted activity as any collective activity undertaken by government employees, through their employees organization, with the intent to disrupt work or services to force concessions. Here, over 48% of GSIS employees participated in the mass action on the first day, leaving other employees overwhelmed. While the appellate court faulted GSIS for not exhausting grievance procedures first, the Supreme Court found both GSIS management and the union at fault for not using available settlement mechanisms under their collective agreement before resorting

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    Kapisanan NG Mangagawa

    Uploaded by

    ariel lapira
    279 views2 pages
    The Supreme Court ruled that the mass action staged by GSIS employees who are members of the Kapisanan Ng Mga Manggagawa sa GSIS union partook of a prohibited strike or concerted mass action. The Court defined a prohibited concerted activity as any collective activity undertaken by government employees, through their employees organization, with the intent to disrupt work or services to force concessions. Here, over 48% of GSIS employees participated in the mass action on the first day, leaving other employees overwhelmed. While the appellate court faulted GSIS for not exhausting grievance procedures first, the Supreme Court found both GSIS management and the union at fault for not using available settlement mechanisms under their collective agreement before resorting

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    kapisanan ng mangagawa

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    The Supreme Court ruled that the mass action staged by GSIS employees who are members of the Kapisanan Ng Mga Manggagawa sa GSIS union partook of a prohibited strike or concerted mass action. The Court defined a prohibited concerted activity as any collective activity undertaken by government employees, through their employees organization, with the intent to disrupt work or services to force concessions. Here, over 48% of GSIS employees participated in the mass action on the first day, leaving other employees overwhelmed. While the appellate court faulted GSIS for not exhausting grievance procedures first, the Supreme Court found both GSIS management and the union at fault for not using available settlement mechanisms under their collective agreement before resorting

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    279 views2 pages

    Kapisanan NG Mangagawa

    Uploaded by

    ariel lapira
    The Supreme Court ruled that the mass action staged by GSIS employees who are members of the Kapisanan Ng Mga Manggagawa sa GSIS union partook of a prohibited strike or concerted mass action. The Court defined a prohibited concerted activity as any collective activity undertaken by government employees, through their employees organization, with the intent to disrupt work or services to force concessions. Here, over 48% of GSIS employees participated in the mass action on the first day, leaving other employees overwhelmed. While the appellate court faulted GSIS for not exhausting grievance procedures first, the Supreme Court found both GSIS management and the union at fault for not using available settlement mechanisms under their collective agreement before resorting

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    GSIS v Kapisanan ng mga Manggagawa sa GSIS

    GR No. 170132, December 6, 2006

    FACTS:

    Forming a huge part of the October 4 to October 7, 2004 mass action participants were GSIS
    personnel, among them members of the herein respondent Kapisanan Ng Mga Manggagawa sa
    GSIS (“KMG” or the “Union”), a public sector union of GSIS rank-and-file employees.

    On or about October 10, 2004, the manager of the GSIS Investigating Unit issued a
    memorandum directing 131 union and non-union members to show cause why they should not
    be charged administratively for their participation in said rally. In reaction, KMG’s counsel,
    Atty. Manuel Molina, sought reconsideration of said directive on the ground, among others, that
    the subject employees resumed work on October 8, 2004 in obedience to the return-to-work
    order thus issued. The plea for reconsideration was, however, effectively denied by the filing, on
    October 25, 2004, of administrative charges against some 110 KMG members for grave
    misconduct and conduct prejudicial to the best interest of the service.

    KMG filed a petition for prohibition with the CA against these charges. The CA granted the
    petition and enjoined the GSIS from implementing the issued formal charges and from issuing
    other formal charges arising from the same facts and events.

    CA equated the right to form associations with the right to engage in strike and similar activities
    available to workers in the private sector. In the concrete, the appellate court concluded that
    inasmuch as GSIS employees are not barred from forming, joining or assisting employees’
    organization, petitioner Garcia could not validly initiate charges against GSIS employees waging
    or joining rallies and demonstrations notwithstanding the service-disruptive effect of such mass
    action.

    ISSUE:

    WON the mass action staged by or participated in by said GSIS employees partook of a strike or
    prohibited concerted mass action

    HELD:

    Yes. With the view we take of the events that transpired on October 4-7, 2004, what respondents
    members launched or participated in during that time partook of a strike or, what contextually
    amounts to the same thing, a prohibited concerted activity. The phrase prohibited concerted
    activity refers to any collective activity undertaken by government employees, by themselves or
    through their employees organization, with the intent of effecting work stoppage or service
    disruption in order to realize their demands or force concessions, economic or otherwise; it
    includes mass leaves, walkouts, pickets and acts of similar nature. This was shown when 48% of
    employees took to the streets on the first day, leaving the other employees to fend for themselves
    in a government office.
    For, as articulated earlier, any collective activity undertaken by government employees with the
    intent of effecting work stoppage or service disruption in order to realize their demands or force
    concessions, economic or otherwise, is a prohibited concerted mass action and doubtless
    actionable administratively.

    The appellate court faulted petitioner Garcia for not first taping existing grievance machinery
    and other modes of settlement agreed upon in the GSIS-KMG Collective Negotiations
    Agreement (CAN) before going full steam ahead with his formal charges. If the finger of blame,
    therefore, is to be pointed at someone for non-exhaustion of less confrontational remedies, it
    should be at the respondent union for spearheading a concerted mass action without resorting to
    available settlement mechanism. As it were, it was KMG, under Atty. Alberto Velasco, which
    opened fire first. That none of the parties bothered to avail of the grievance procedures under the
    GSIS-KMG CNA should not be taken against the GSIS. At best, both GSIS management and the
    Union should be considered as in pari delicto.

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