This case has been cited 2 times or more.
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2014-07-23 |
BRION, J. |
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| A collective bargaining agreement, as used in Article 252 (now Article 262)[27] of the Labor Code, is a contract executed at the request of either the employer or the employees' exclusive bargaining representative with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions under such agreement.[28] Jurisprudence settles that a CBA is the law between the contracting parties who are obliged under the law to comply with its provisions.[29] | |||||
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2013-09-18 |
PEREZ, J. |
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| In a number of cases,[34] this Court put emphasis on the right of an employer to exercise its management prerogative in dealing with its company's affairs including its right to dismiss its erring employees. We recognized the right of the employer to regulate all aspects of employment, such as the freedom to prescribe work assignments, working methods, processes to be followed, regulation regarding transfer of employees, supervision of their work, lay-off and discipline, and dismissal and recall of workers.[35] It is a general principle of labor law to discourage interference with an employer's judgment in the conduct of his business. As already noted, even as the law is solicitous of the welfare of the employees, it also recognizes employer's exercise of management prerogatives. As long as the company's exercise of judgment is in good faith to advance its interest and not for the purpose of defeating or circumventing the rights of employees under the laws or valid agreements, such exercise will be upheld.[36] | |||||