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Question XIX

2018 Bar · Labor Law · 1 sub-question

XIX. Northeast Airlines sent notices of transfer, without diminution in salary or rank, to 50 ground crew personnel who were front-liners at Northeast Airlines counters at the Ninoy Aquino International Airport (NAIA). The 50 employees were informed that they would be distributed to various airports in Mindanao to anticipate robust passenger volume growth in the area. North Union, representing rank-and-file employees, filed unfair labor practice and illegal dismissal cases before the NLRC, citing, among others, the inconvenience of the 50 concerned employees and union discrimination, as 8 of the 50 concerned ground crew personnel were union officers. Also, the Union argued that Northeast Airlines could easily hire additional employees from Mindanao to boost its ground operations in the Mindanao airports. a) Will the transfer of the 50 ground crew personnel amount to illegal dismissal? (2.5%) b) Will the unfair labor practice case prosper? (2.5%)

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