VS. NATIONAL LABOR RELATIONS COMMISSION, MARIKO NOVEL WARES INC., NANETTE

Ruling

WHEREFORE, foregoing considered, the instant petition for certiorari is hereby DENIED DUE COURSE and is ordered DISMISSED." [2] The second Resolution [3] denied petitioners' Motion for Reconsideration. The Facts The facts as stated in the Resolution of the National Labor Relations Commission (NLRC) are as follows: "Sometime in January and February 1994, complaints for unfair labor practice, illegal dismissal, non-payment of premium pay for holiday and rest day for the years 1992 and 1993 and non-payment of 13th month pay for the year 1994 as well as moral and exemplary damages were filed by the complainant against respondent. x x x x x x x x x "Several conference[s] scheduled for the purpose of arriving at an amicable settlement proved futile. Thus, trial on the merits ensued, after which parties were required to submit their respective position papers/memoranda. "Complainants allege among others [that] they charged respondents with unfair labor practice when it effected the closure of the Robinson's Galleria branch to prevent the formation of a union; that respondent contracted out services to casuals; that accordingly, they organized a union on November 30, 1993; that the president of respondent tried to interfere in the formation of a union in its premises; that on December 14, 1993, the union filed a petition for certification election; that on December 15, 1993, respondent's Personnel Department issued a policy statement relative to `Employee's Complaint/Grievance Procedure; that they were told of its intention to close the Basement Level I store in Galleria to give way to its opening at the third floor and that they would be absorbed in other Sari-Sari Store branches; that on January 9, 1994, respondent advertised for personnel such as accountant, inventory and sales clerks; that during the month of January 1994, managerial employees of the respondent approached certain union members and expressed their disapproval of the latter's union membership; that on January 26, 1994, they filed an unfair labor practice case against the respondent for harassment, coercion and interference with the workers' right to self-organization; that on January 27, 1994, respondent responded to the filing of the Union Petition for Certification Election by notifying both the Department of Labor and Employment and the employees of the closure of the Galleria branch allegedly due to irreversible losses necessitating closure thereof and the non-extension of the lease contract of the store premises; that the notice of termination specifically mentioned its effectivity that [was]: February 28, 1994; that the notice also mentioned that the employees [could] not be absorbed by any branch because it would result [in] redundancy; that the premium pay for rest day and holiday for the calendar years 1992 and 1993 and the 13th month pay for 1994 of the individual complainants remained unpaid to date; that respondent employed casuals after the closure thereof. "On the other h