Professional Documents
Culture Documents
After due hearing, the industrial court found the following Findings of fact binding on SC
facts:
The industrial court has made a careful analysis of the
Prior to November, 1953, Nena Micaller was evidence and has found the petitioners have really
earning P4.80 a day. subjected complaint and her co-employees to a series of
After every New Year, she was given from P180 questioning regarding their membership in the union or
to P200 as bonus whereas the other employees their union activities which in contemplation of law are
were only given P60. For three consecutive deemed acts constituting unfair labor practice. This
years (1950-1952), she was given a first prize finding is binding upon this Court.
for being the best seller, the most cooperative
and most honest employee. Questioning of employees concerning union
She organized a union among the employees of membership and activities and disparaging remarks by
the store which was latter affiliated with the supervisory employees made in such away as to hamper
National Labor Union. Later, the National Labor the exercise of free choice on the part of the employees,
Union sent a petition to the store containing ten have been uniformly condemned as ULP.
demands and Nena was called by the
management for questioning and, in the Also, the power to impose the penalties provided for in
manager's office, Yu Ki Lam, Richard Yang, Yu section 25 of Republic Act No. 875 is lodged in ordinary
Si Kiao and Helen Yang asked her who were the courts, and not in the Court of Industrial Relations,
members of the union, but she pretended not to notwithstanding the definition of the word "Court"
know them. contained in section 2(a) of said Act. Hence, the decision
Richard Yang and Yu Si Kiao, together with a of the of the industrial court in so far as it imposes a fine
brother-in law, went to the house of Nena and of P100 upon petitioners is illegal and should be nullified.
there again questioned her regarding her union
membership.
Nena was brought by her employers to the
house of their counsel, Atty. Joaquin Yuseco,
and there she was again questioned regarding
her union activities and was even made to sign a
paper of withdrawal from the union.
The manager of the Store, Yu Ki Lam asked
each employee whether they were members of
the union.
The union gave notice to strike to the
management. Upon receipt of the notice, the
management hired temporary employees equal