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1) H. Aronson & Co. was incorporated in 1920 and became controlled by the Aronson family. In 1958, some employees joined a labor union.
2) In 1961, the company amended its incorporation papers to expire 9 years earlier. It then created two new companies to take over its business. All unionized employees were terminated.
3) The labor board found the companies guilty of unfair labor practices for terminating employees due to their union membership. The court affirmed this decision, finding the reorganization was intended to remove unionized workers.
1) H. Aronson & Co. was incorporated in 1920 and became controlled by the Aronson family. In 1958, some employees joined a labor union.
2) In 1961, the company amended its incorporation papers to expire 9 years earlier. It then created two new companies to take over its business. All unionized employees were terminated.
3) The labor board found the companies guilty of unfair labor practices for terminating employees due to their union membership. The court affirmed this decision, finding the reorganization was intended to remove unionized workers.
1) H. Aronson & Co. was incorporated in 1920 and became controlled by the Aronson family. In 1958, some employees joined a labor union.
2) In 1961, the company amended its incorporation papers to expire 9 years earlier. It then created two new companies to take over its business. All unionized employees were terminated.
3) The labor board found the companies guilty of unfair labor practices for terminating employees due to their union membership. The court affirmed this decision, finding the reorganization was intended to remove unionized workers.
ALU employees of the Company who were not members of
G.R. No. L-23010 July 9, 1971 the respondent Union were allowed to continue working up to that date, and thereafter they continued working FACTS: Aronson, originally known as Moody Aronson & because they were absorbed or re-employed by the Co., Inc., was incorporated in 1920, with an authorized newly organized corporations: Photo Materials and capital stock of P5000,000.00 and a corporate life of 50 Model. years expiring on May 27, 1970. In the course of time it The employees concerned filed a complaint for became an Aronson family controlled corporation. unfair labor practices to which CIR found respondent- In 1958, 13 of its 25 employees became petitioners guilty and ordered them to cease and desist members of the respondent Associated Labor Union. In from such acts, and to reinstate the complainants to their the month of September of that year, because of the former positions under the same terms and conditions of dismissal of Eugenia Solon, a union member, her co- employment with back wages from the time they were employees who were union members declared a strike illegally dismissed until they are actually reinstated. which was soon settled as a result of conciliation Their motion for reconsideration having been denied negotiations initiated by the Cebu Regional Office of the subsequently by the court en banc, they took the present Department of Labor. appeal. Sometime thereafter, the respondent Union and its members made demands for a collective bargaining ISSUE: agreement with the Company to obtain certain benefits 1. WON CIR had jurisdiction over the case, and in connection with their working conditions. When the 2. WON it erred in finding the petitioners guilty of unfair Company refused to enter into a collective bargaining labor practice agreement, the employees who were union members declared a second strike in December of that year. The HELD: management eventually acceded to their demands and 1. Yes. The Court held that CIR had jurisdiction over the entered into a collective bargaining agreement with them case and the petitioners herein; that it correctly found on January 6, 1959, the same having been renewed petitioners guilty of unfair labor practice, and in granting March 23, 1960. In this manner the union members to the individual respondents the relief set forth in the obtained labor benefits. appealed order. The appealed Order was affirmed. On January 6, 1960, management sent to the employees of the Company letters of termination of 2. No. The shortening of the corporate life or dissolution employment due to “poor business”. Then on February of Aronson, and the subsequent incorporation of the 13, 1961 Aronson's original Articles of Incorporation other two petitioners were part and parcel of a plan, or were amended so that, instead of its corporate existence were intended to accomplish the dismissal of the expiring on May 27, 1970, it was made to expire 9 years individual respondents, the Court concluded. Their earlier. contention that the dissolution of Aronson was due to On March 9, 1961, or less than a month after "poor business" is, upon the record, clearly without such amendment had been accomplished, then merit. Assistant Manager Donato Medel was incorporated with The true cause of the termination of the a capital stock of P100,000.00, and on July 17 of the services of the complainants is their membership with same year, another new corporation, Photo Materials the Associated Labor Union and their union activities. was also incorporated with an authorized capital stock of This finding is supported by the antecedent facts that P400,000.00. The total authorized capital stock of the since its establishment in 1920 the only instance when two new corporations amounting to P500,000.00 was the management of the H. Aronson & Company began exactly the same authorized capital stock of Aronson. to find interference in the conduct of its business affairs It will thus be seen that the two new was in 1958 when the Associated Labor Union, to which corporations were organized to engage in exactly the the complainants are affiliated, declared two strikes same business in which Aronson had been engaged; in wherein the union decisively got what it wanted from the other words, to take over the latter's business. reluctant management. Attempts were made by the On July 15, 1961, all the employees of Aronson management to break the majority then held by the who were members of the respondent Union were Union but it was not successful. required to stop working in spite of the fact that, according to the notice of termination of employment served on them, their services were to be terminated on the 31st of that month. On the other hand, the
(Oxford Political Theory) Allen Buchanan - Justice, Legitimacy, and Self-Determination - Moral Foundations For International Law (2007, Oxford University Press, USA)