Echo 2000 Commercial Corporation v. Obrero Filipino-Echo 2000 Chapter-CLO (2016)

Echo 2000 Commercial Corporation v. Obrero Filipino-Echo 2000 Chapter-CLO, G.R. No. 214092, January 11, 2016, Reyes, J.: 1. Background • Echo is a provider of warehousing management and delivery services. • King 8 Commercial Corporation (King 8), Echo's predecessor, initially employed Cortes on September 17, 2002, and Somido, on October 12, 2004. Echo thereafter absorbed [the employees] as employees on April 1, 2005. In 2008, Somido was made a Warehouse Checker, while Cortes, a Forklift Operator.6 • In January of 2009, [the employees] and their co-workers formed Obrero Pilipino-Echo 2000 Commercial Chapter (Union). Cortes was elected as Vice-President while Somido became an active member. [the employees] claimed that the Union's President, Secretary and one of the board members were subsequently harassed, discriminated and eventually terminated from employment by Echo. • In May of 2009, Echo received information about shortages in peso value arising from the movement of products to and from its warehouse. After an immediate audit, Echo suspected that there was a conspiracy among the employees in the warehouse. Since an uninterrupted investigation was necessary, Echo, in the exercise of its management prerogative, decided to re-assign the staff. [the employees] were among those affected. • On July 7, 2009, Enriquez issued a memorandum informing [the employees] of their transfer to the Delivery Section, which was within the premises of Echo's warehouse. The transfer would entai...