Doctrine of Non-Exacerbation of Labor Disputes

One of the substantive evils which Article 263(g) of the Labor Code seeks to curb is the exacerbation of a labor dispute to the further detriment of the national interest. The Secretary of Labor and Employment may therefore order the employer (a university) to suspend the effect of the termination of the employment of the employees, which termination was the reason of one of the notices of strike filed by the union.

It is not a question anymore of whether or not the terminated employees, the individual respondents herein, are part of the bargaining unit. Any act committed during the pendency of the dispute that tends to give rise to further contentious issues or increase the tensions between the parties should be considered an act of exacerbation and should not be allowed. (G.R. No. 151379. January 14, 2005)

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