7/22/2019 Dabuet v Roche Pharmaceuticals

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DABUET V. ROCHE PHARMACEUTICALS

FACTS

The petitioners, all officers of the Roche Products Labor Union with whom the company

had a CBA, wrote the respondent company expressing their grievances and seekingformal conference with management regarding the previous dismissal of the unionspresident and vice-president. At the meeting, instead of discussing the problems affecting

the labor union and management, the companys general manager allegedly berated the

petitioners for writing the said letter and called the letter and the person who prepared itstupid.

Feeling that he was the one alluded to, since he had prepared the letter, the counsel for

the labor union filed a case for Grave Slander against the general manager. The chargewas based on the affidavit executed by the petitioners. In turn, the company and the

manager filed a complaint for Perjury against petitioners alleging thattheir affidavit

contained false statements.

The company construed the execution by petitioners of the affidavit as an act of breach

of

trust and confidence. Hence, they were suspended and later on dismissed.

ISSUE

Whether respondent company, in terminating the employment of the petitioners withoutjust and lawful cause, committed an unfair labor practice.

HELD

Yes. Respondent company had committed unfair labor practice in dismissing thepetitioners without just and valid cause. Their dismissal, under the circumstances,

amounted to interference with, and restraint or coercion of, the petitioners in the exercise

of their right to engage in concerted activities for their mutual aid and protection. Breachof trust and confidence, the grounds alleged for petitioners' dismissal, "must not be

indiscriminately used

as a shield to dismiss an employee arbitrarily.