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AER vs. Unyon: Backwages Ruling Explained

This document summarizes a court case between Automotive Engine Rebuilders, Inc. (AER) and Progresibong Unyon Ng Mga Manggagawa Sa AER (Unyon). Unyon filed a motion for partial reconsideration regarding the court's failure to award backwages to 14 of its members. The court ruled that 14 employees were not charged with illegal strike by AER and therefore should be reinstated with backwages. However, 5 employees failed to properly authorize union representation, so only 9 employees will be reinstated with backwages. The motion for partial reconsideration was granted for those 9 employees.

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Arah Salas Palac
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75 views2 pages

AER vs. Unyon: Backwages Ruling Explained

This document summarizes a court case between Automotive Engine Rebuilders, Inc. (AER) and Progresibong Unyon Ng Mga Manggagawa Sa AER (Unyon). Unyon filed a motion for partial reconsideration regarding the court's failure to award backwages to 14 of its members. The court ruled that 14 employees were not charged with illegal strike by AER and therefore should be reinstated with backwages. However, 5 employees failed to properly authorize union representation, so only 9 employees will be reinstated with backwages. The motion for partial reconsideration was granted for those 9 employees.

Uploaded by

Arah Salas Palac
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

AUTOMOTIVE ENGINE REBUILDERS INC. VS.

PROGRESIBONG UNYON NG MGA


MANGGAGAWA SA AER
GR NO: 160138, JULY 13, 2011

FACTS:
This is a resolution to the Partial Motion for Reconsideration filed by Progresibong Unyon Ng
Mga Manggagawa Sa AER (Unyon) which questioned the Court’s July 13, 2011 Decision
insofar as it failed to award backwages to 14 of its members. 
In G.R. No. 160138, Automotive Engine Rebuilders, Inc. (AER) filed a complaint against Unyon
and its eighteen (18) members for illegal strike.
In G.R. No. 160192, Unyon, together with its thirty-two (32) members filed a complaint against
AER alleging that AER is guilty of Unfair Labor Practices, Illegal Dismissal, Illegal Suspension,
and Run-away shop. Unyon prayed for reinstatement of its members with full payment of
backwages.
The Labor Arbiter rendered a decision in favor of Unyon and directed AER to reinstate the
concerned employees but without backwages. Both parties appealed to the NLRC.

The NLRC reversed the Labor Arbiters decision and ruled that the strike conducted by Unyon
was illegal and therefore the employees should not be reinstated. Unyon filed a motion for
reconsideration. The NLRC denied the motion.

Unyon appealed to the Court of Appeals. The CA ordered the reinstatement of the employees but
without backwages.

Aggrieved, both parties filed the present consolidated petitions. Unyon argued that the CA erred
in not awarding backwages. AER, on the other hand, argued that the CA erred in ordering the
reinstatement of the employees.

ISSUE:  Whether or not the employees are entitled to reinstatement with payment of full
backwages?
RULING:
Records disclose that 32 employees filed a complaint for illegal suspension and unfair labor
practice against AER. Out of these 32 workers, only 18 of them were charged by AER with
illegal strike leaving 14 of them excluded from its complaint. Technically, as no charges for
illegal strike were filed against these 14 employees, they cannot be among those found guilty of
illegal strike. Therefore, they should be reinstated and given their backwages.

Out of these 14 employees, however, 5 failed to write their names and affix their signatures in
the Membership Resolution attached to the petition filed before the CA, authorizing Union
President Arnold Villota to represent them. Because of their failure to affix their names and
signatures in the Membership Resolution, only 9 employees who signed their names can be
granted the relief prayed for.

These excluded nine 9 workers, who signed their names in their petition before the CA, deserve
to be reinstated immediately and granted backwages. It is basic in jurisprudence that illegally
dismissed workers are entitled to reinstatement with backwages plus interest at the legal rate.
MOTION OF PARTIAL RECONSIDERATION, GRANTED.

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