In its February 9 promulgation, the 4th Division of NLRC also ordered the termination of 36 members of 7-D Food International Inc., Employees Union who joined the strike.
Despite a motion for reconsideration filed by the strikers, the commission maintained its December 15, 2005 decision declaring the strike as illegal.
NLRC also allows the management of the mango processing firm to request for assistance from police if workers refuse to remove the structures they built on a public road adjoining the firm's factory located in Banilad, Mandaue City.
In February last year, 7D Food International Inc. Employees Union-ALU-TUCP filed a notice of strike to protest against the company's unfair labor practices. It also hit the management for alleged union busting and violation of the collective bargaining agreement.
But a month later, labor Secretary Patricia Sto. Tomas ordered the company to resume operations and allowed the 140 union members to go back to work.
7-D International Inc. is engaged in mango processing. It exports dried mangoes to Japan, US and other countries.
Since the company is "engaged in an industry that is indispensable to the national interest," Sto. Tomas issued an order setting the labor dispute for compulsory arbitration.
On December 15, 2005, NLRC rendered its decision declaring the strike as illegal. However, seeing some alleged patent and palpable errors in the decision, the workers filed a motion for reconsideration.
Finding the records and arguments presented by the union members as nothing new and repetition of what they have previously presented, labor arbiters maintained their earlier decision declaring the strike as illegal. - Wenna A. Berondo