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Saturday, January 01, 2005
Illegal strike participation
By Dominador A. Almirante
Labor case digest
PETITIONERS Elizabeth C. Bascon and Noemi V. Cole were employees of respondent Metro Cebu Community Hospital Inc. (MCCH) and members of the Nagkahiusang Mamumuo Sa Metro Cebu Community Hospital (NAMA-MCCA), a labor union of MCCH employees.
Bascon and Cole were dismissed from the service by MCCH for participating in illegal mass actions against MCCH wearing red and black ribbons and roaming around the hospital with placards, despite notice from MCCH to desist from them. Was the dismissal justified?
Ruling: No.
In this case, the Court of Appeals found that the petitioners? actual participation in the illegal strike was limited to wearing armbands and putting up placards. There was no finding that the armbands or the placards contained offensive words or symbols. Thus, neither such wearing of armbands nor said putting up of placards can be construed as an illegal act.
In fact, per se, they are within the mantle of constitutional protection under freedom of speech.
Evidence on record shows that various illegal acts were committed by unidentified union members in the course of the protracted mass action.
And we commiserate with MCCH, patients and third parties for the damage they suffered. But we cannot hold the petitioners responsible for acts they did not commit.
The law, obviously solicitous of the welfare of the common worker, requires, before termination may be considered, that an ordinary union member must have knowingly participated in the commission of illegal acts during a strike. (Elizabeth C. Bascon et al. vs. Court Appeals et al., G.R. 14489, Feb. 5, 2004).
(January 1, 2005 issue)
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