FASAP loses unfair labor practice case vs PALBy Tetch Torres-Tupas
MANILA, Philippines–The Court of Appeals on Monday cleared the Philippine Airlines (PAL) of allegations of unfair labor practice in connection with the airline’s rehabilitation efforts in 2008.
In an 18-page decision, the appeals court 13th division through Associate Justice Michael Elbinias said Flight Attendants and Stewards Association of the Philippines (FASAP) failed to show that the agreement between PAL and Air Philippines Corp. (APC) reduced the capacity of FASAP to act as a legitimate labor organization.
“No displacement and no limitation of work and pay [happened] to the members of petitioner FASAP from the operation of the PAL Express,” the decision stated.
On May 2, 2008, PAL signed a cooperation agreement with APC for the launching of “PAL Express.” The deal includes the tapping of flight deck crew services.
In the case they filed against PAL,
FASAP asked for damages worth P13.8 million representing lost productivity pay, P1.35 million as lost per diem allowances, P78,000 as lost union dues, moral damages amounting to P7.5 million, exemplary damages amounting to P5 million, and attorney’s fees in the amount equivalent to 10 percent of the total judgment award.
PAL secured a favorable ruling from the Labor Arbiter on June 10, 2010, later affirmed by the NLRC on March 17, 2011.
The appeals court said they accord due respect and even finality to the rulings of the NLRC.