The Manila Times
Saturday, December 12, 1998
By Marilou T. Jumilla
Reporter
The National Labor Relations Commission (NLRC) has upheld the retrenchment of 1,400 flight attendants of the Philippine Airlines (PAL).
In a ruling dated Dec. 4, the NLRC’s third division lifted the restraining order issued by Jovencio Mayor of the National Conciliation and Mediation Board (NCMB) last July 23.
The decision signed by NLRC commissioner Lourdes Javier also declared Mayor’s injunction as “misplaced and uncalled for.”
Mayor’s injunction had prevented PAL management from terminating 1,400 crew members whose services were deemed “redundant” due to the financial crisis that hit the flag carrier.
“Even as the law is solicitous of the welfare of employees, it must also protect the right of an employer to exercise what are clearly management prerogatives,” the NLRC said.
The NLRC stressed that the PAL management cannot be denied of its free will to conduct its own business affairs.
In his order, Mayor directed the airline management to restore the crew members to their previous positions and set aside its notice of retrenchment.
The PAL appealed the order arguing that Mayor overstepped his bounds, pointing out that the NLRC was the only agency authorized to issue a restraining order on the dispute.
Management added that the retrenchment of the flight attendants did not merit a restraining order.
“Injunction is a special remedy granted in cases where there is no plain, adequate remedy in law,” the NLRC said.
The NLRC ruling is expected to heighten tension at the beleaguered airline, which teeters on the brink of collapse due to unresolved labor issues.
Early this week, the PAL submitted to the Securities and Exchange Commission a rehabilitation plan that sought the voluntary separation of hundreds of workers.
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