LSaF

Question

In Northern Lights Corporation, union members Nad, Ned, and Nod sought permission from the company to distribute flyers with respect to a weekend union activity. The company HR manager granted the request through a text message sent to another union member, Norlyn. While Nad, Ned, and Nod were distributing the flyers at the company assembly plant, a company supervisor barged in and demanded that they cease from distributing the flyers, stating that the assembly line employees were trying to beat a production deadline and were thoroughly distracted. Norlyn tried to show the HR manager's text message authorizing flyer distribution during work hours, but the supervisor brushed it aside. As a result, Nad, Ned, and Nod were suspended for violating company rules on trespass and highly-limited union activities during work hours. The Union filed a ULP case before the NLRC for union discrimination.

(a) Will the ULP case filed by the Union prosper?
(b) Assume the NLRC ruled in favor of the Union. The Labor Arbiter's judgment included, among others, an award for moral and exemplary damages at P50,000.00 each for Nad, Ned, and Nod. Northern Lights Corporation argued that any award of damages should be given to the Union, and not individually to its members. Is Northern Lights Corporation correct? (2018 BAR)

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