This case has been cited 1 times or more.
|
2006-05-04 |
TINGA, J. |
||||
| Philippine Airlines, Inc. v. Airline Pilots Association of the Phils.[29] further bolsters the School's position. At contention therein was a provision of the PAL-ALPAP Retirement Plan, the Plan having subsequently been misquoted in the CBA mutually negotiated by the parties. The Plan authorized PAL to exercise the option of retirement over pilots who had chosen not to retire after completing 20 years of service or logging over 20,000 hours for PAL. After PAL exercised such option over a pilot, ALPAP charged PAL with illegal dismissal and union-busting. While the Secretary of Labor upheld the unilateral retirement, it nonetheless ruled that PAL should first consult with the pilot to be retired before it could exercise such option. The Court struck down that proviso, ruling that "the requirement to consult the pilots prior to their retirement defeats the exercise by management of its option to retire the said employees, [giving] the pilot concerned an undue prerogative to assail the decision of management." | |||||