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JurisprudenceG.R. NO. 158075 -

G.R. NO. 158075 - PHILIPPINE DIAMOND HOTEL AND RESORT, INC. (MANILA DIAMOND HOTEL), VS. MANILA DIAMOND HOTEL EMPLOYEES UNION. D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 633,RA 410,RA 145RA 408,RA 3,RA 10,RA 1113RA 388,RA 659RA 627,RA 122,
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TL;DR — Ruling

WHEREFORE, in view of the foregoing, the petition is granted only insofar as the dismissal of the union members is concerned. Consequently, the ruling of the public respondent NLRC to the effect that the unionmembers lost their employment status with the Hotel is hereby reversedand set aside . Private respondent Hotel is hereby ordered to immediately reinstate the members with backwages from the time they were terminated.

Decision

Ruling

WHEREFORE, in view of the foregoing, the petition is granted only insofar as the dismissal of the union members is concerned. Consequently, the ruling of the public respondent NLRC to the effect that the unionmembers lost their employment status with the Hotel is hereby reversedand set aside . Private respondent Hotel is hereby ordered to immediately reinstate the members with backwages from the time they were terminated. The Court finds no grave abuse of discretion on the part of the NLRC, and therefore affirms the ruling of the NLRC as follows: (1) that the strike is illegal ; (2) that the union officers lost their employment status when they formed the illegal strike; and (3) That the dismissal of Ms. Mary Grace U. de Leon, Vicente C. Agustinand Rowena Junio is valid . SO ORDERED.