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Unfair Labor Practices at Roche

Petitioners, who were union officers, wrote a letter to their employer expressing grievances about the dismissal of union leaders. At a meeting to discuss the issues, the company manager berated the petitioners and called the letter's author "stupid." The union counsel filed a slander case against the manager. In response, the company accused the petitioners of perjury and suspended and dismissed them for breach of trust. The court found the dismissal was an unfair labor practice without just cause and interfered with the petitioners' right to concerted activities for their protection.

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442 views1 page

Unfair Labor Practices at Roche

Petitioners, who were union officers, wrote a letter to their employer expressing grievances about the dismissal of union leaders. At a meeting to discuss the issues, the company manager berated the petitioners and called the letter's author "stupid." The union counsel filed a slander case against the manager. In response, the company accused the petitioners of perjury and suspended and dismissed them for breach of trust. The court found the dismissal was an unfair labor practice without just cause and interfered with the petitioners' right to concerted activities for their protection.

Uploaded by

Rap Santos
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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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 seeking formal conference with management regarding the previous dismissal of the unions president 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 it stupid. 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 charge was based on the affidavit executed by the petitioners. In turn, the company and the manager filed a complaint for Perjury against petitioners alleging that their 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 without just and lawful cause, committed an unfair labor practice. HELD Yes. Respondent company had committed unfair labor practice in dismissing the petitioners 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. Breach of trust and confidence, the grounds alleged for petitioners' dismissal, "must not be indiscriminately used as a shield to dismiss an employee arbitrarily.

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