Labor cases in colleges and universities

Managing colleges and universities is definitely more difficult than running a manufacturing firm or a service company. The school personnel are governed not just by the Labor Code, but also by the Manual of Regulations for Private Schools. Many school administrations have been tried and tested, and sadly were found wanting. And many unions have unwittingly caused loss of jobs to the very people they are supposed to serve. The most devastating was the unfortunate labor dispute involving the Divine Word University, that ultimately led to its closure a few years back. Also, some years ago, a nasty strike involving University of San Agustin in Iloilo and another strike in St. Scholastica, resulted in the dismissal of many faculty members and staff.

This year, the Supreme Court, in UE versus A F Pefano, et al ( GR 193897 ) resolved a very important issue on 23 January 2013, involving the dismissal of college faculty members who failed to obtain a masters degree, as required by the Manual of Regulations. The Court held that it was not an act of illegal dismissal for the UE administration not to renew the appointment of two lady teachers who did not complete their post graduate studies. In the case of De La Salle University versus De La Salle University Employees Association (GR 169254) the Highest Court of the land, on 23 August 2012, declared the school guilty of unfair labor practice for refusal to negotiate with the union.

In the case of UE, the Supreme Court upheld the management prerogative of the University to insist on complying with the Manual of Regulations on the requirement that college faculty must have masteral degrees. The school stands to be punished by the CHED (Commission on Higher Education ) in the event that it is found to be tolerating non-degree holders to teach in college. Of course,we, lawyers are exempted from this requirement because our eight years of education exceeds a masters degree. Anyway, UE won this case and the case of illegal dismissal filed by the two lady teachers was dismissed. This is a very significant victory of the school management that affects all other similarly situated colleges and universities.

We are more concerned with the De La Salle case. The Secretary of Labor found the University guilty of violating article 248 of the Labor Code on Unfair Labor Practice. It was a case of refusing to bargain with the Union, which was supposedly tainted with bad faith. The Court noted that there was no legal obstacle for the commencement of the CBA negotiations. Management tried to use as a reason not to bargain the alleged void in the union leadership. But the same was set aside by both the Secretary of Labor and the Supreme Court. Another issue was the union dues deducted from the salary of the employees. Management has the duty to remit the same to the Union no matter who are its officers.

In 2011, the Supreme Court decided in favor of St. Paul College, Quezon City (now University ) for dismissing two high school teachers (husband and wife) for gross and habitual neglect of duty and for insubordination. It appears that the couple were always late in submitting school reports and were also guilty of tardiness i reporting to school. The Court reversed the decision of the Labor arbiter and held that management has the prerogative to discipline and dismiss grossly negligent and recalcitrant teachers. In San Agustin, like in St. Scholastica, the Court decided in favor of management and held that teachers who conduct illegal strikes and refuse to return to work, in defiance of the DOLE's order, should be deemed to have lost their employment status.

But in Divine Word University, the High Court ruled that management was guilty of refusal to bargain by failing to reply to the Union's demands within ten calendar days. As the saying goes: “ For want of a nail, a kingdom is lost.” For want of a simple reply, the whole University was closed. The teachers lost their job. The management lost its University. The students in the whole of Leyte and Samar lost a high quality institution that even the former First Lady, Imelda Marcos used to cherish and protect. That is why we submit that managing a school requires a distinct set of competencies, not just a masters degree or even a doctorate in school administration. There is a need to have total knowledge of both the law and the intricacies of human relations and a sound mastery of labor and industrial relations. Nothing less than that.