510 S 623 FACTS: A four day concerted demonstration, rallies and en masse walkout was held in front of the GSIS main building in Pasay City. The mass action participants were GSIS personnel, among them are members of the herein KAPISANAN, a public sector union of GSIS rank and file employees. Said mass action targets the herein petitioner GARCIA and his management style. On October 10, 2004 the manager of the GSIS Investigating Unit issued a Memo directing 131 union and non-union members to show cause why they should not be charged administratively for participating in the rally. KAPISANANs counsel, Atty. Molina sought reconsideration of the said memo on the ground that the subject employees resumed work in obedience of the return to work issued. However, the plea of reconsideration was denied by the filing, on October 25 2004, of the administrative charges against some 110 KAPISANAN members for grave misconduct and conduct prejudicial to the best interest of the service. KAPISANAN then filed a Petition for Prohibition before the CA, on the grounds that: 1. Members should not be made to explain why they supported their unions cause 2. Petitioner Garcia blatantly disregarded Civil Service Reso No. 021316 otherwise known as the Guidelines for Prohibited Mass Action
Pending resolution of the petition for prohibition of the
CA, the GSIS Management proceeded with the investigation of the admin cases which resolved 207 out of 278 cases, resulting to the exoneration of 20 respondent-employees, reprimand of 182 and suspension of 5. On June 16 2005, the CA rendered the herein ASSAILED decision holding that Garcias filing of admin charges against 361 of KAPISANANs members is TANTAMOUNT to GRAVE ABUSE OF DISCRETION which may be the proper subject of the writ of prohibition. Unable to accept the above ruling, petitioner GARCIA sought reconsideration, which was denied. Hence this petition. ISSUE: Whether or not the right of public sector to form unions or associations include right to strike? HELD: Negative. Employees in the public service may not engage in strikes or in concerted and unauthorized stoppage of work. The right of government employees to organize is limited to the formation of unions or associations, without including the right to strike. Fact remains that the erring employees, instead of exploring non-crippling activities during their free time, had taken a disruptive approach to attain whatever it was they were specifically after. As events evolved, they assembled in front of the GSIS main office building during office hours and staged rallies and protests, and even tried to convince others to join their cause, thus provoking work stoppage and service-