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KONG v. NLRC

This case has been cited 4 times or more.

	GR No. 170007 2014-04-07	TABANGAO SHELL REFINERY EMPLOYEES ASSOCIATION v. PILIPINAS SHELL PETROLEUM CORPORATION LEONARDO-DE CASTRO, J.
The existence of bad faith is a question of fact and is evidentiary.[33] The crucial question of whether or not a party has met his statutory duty to bargain in good faith typically turns on the facts of the individual case, and good faith or bad faith is an inference to be drawn from the facts.[34] Thus, the issue of whether or not there was bad faith on the part of the company when it was bargaining with the union is a question of fact. It requires that the reviewing court look into the evidence to find if indeed there is proof that is substantial enough to show such bad faith.
	GR No. 182877 2010-08-09	SCA HYGIENE PRODUCTS CORPORATION EMPLOYEES ASSOCIATION-FFW v. SCA HYGIENE PRODUCTS CORPORATION PEREZ, J.
It is a well-settled rule that labor laws do not authorize interference with the employer's judgment in the conduct of its business. The Labor Code and its implementing rules do not vest managerial authority in the labor arbiters or in the different divisions of the National Labor Relations Commission or in the courts. The hiring, firing, transfer, demotion, and promotion of employees have been traditionally identified as a management prerogative subject to limitations found in the law, a collective bargaining agreement, or in general principles of fair play and justice. This is a function associated with the employer's inherent right to control and manage effectively its enterprise. 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 free will of management to conduct its own business affairs to achieve its purpose cannot be denied. Accordingly, this Court has recognized and affirmed the prerogative of management to implement a job evaluation program or a re-organization for as long as it is not contrary to law, morals or public policy.[10]
	GR NO. 158930-31 2006-08-22	UNION OF FILIPRO EMPLOYEES -DRUG v. NESTLÉ PHILIPPINES CHICO-NAZARIO, J.
There is no per se test of good faith in bargaining.[61] Good faith or bad faith is an inference to be drawn from the facts,[62] to be precise, the crucial question of whether or not a party has met his statutory duty to bargain in good faith typically turns on the facts of the individual case. Necessarily, a determination of the validity of the Nestlés proposition involves an appraisal of the exercise of its management prerogative.
	GR No. 146728 2004-02-11	GENERAL MILLING CORPORATION v. CA QUISUMBING, J.
ART. 252. Meaning of duty to bargain collectively. The duty to bargain collectively means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement.... We have held that the crucial question whether or not a party has met his statutory duty to bargain in good faith typically turn$ on the facts of the individual case.[8] There is no per se test of good faith in bargaining.[9] Good faith or bad faith is an inference to be drawn from the facts.[10] The effect of an employer's or a union's actions individually is not the test of good-faith bargaining, but the impact of all such occasions or actions, considered as a whole.[11]