CA lifts DoLE ban on Clark picketing

The Court of Appeals (CA) has nullified the Department of Labor and Employment’s (DoLE) order banning peaceful picketing by employees of Clark Development Corporation (CDC) during their free time to voice grievances.

In a decision dated 30 May, the CA struck down part of Labor Secretary Bienvenido Laguesma’s February 2023 directive, which barred CDC’s labor union from holding marches, assemblies, and similar activities amid an ongoing labor dispute.

The order was issued when Laguesma took jurisdiction over the dispute between CDC and the Association of Concerned CDC Employees (ACCES), aiming to prevent strikes or concerted actions that he said disrupted CDC’s operations and the business climate in the Clark Freeport Zone.

However, the workers argued that while the Labor Secretary could prohibit strikes, he could not restrict their constitutional right to peaceful expression through picketing. They emphasized that their assemblies were held during free time and did not block access to company premises.

The CA agreed with the workers, stating that although the Labor Secretary has the discretion to regulate strikes and lockouts under the Labor Code, this does not extend to banning peaceful assemblies or picketing.

Associate Justice Eleuterio Bathan, who penned the decision, said, “Invariably, the SOLE abused its discretion beyond the scope of its jurisdiction when it issued the assailed Order enjoining the ACCES from the conduct of peaceful picketing.”

The court noted that there was no evidence CDC complained about obstruction of access during the assemblies, nor were there reports of violence or intimidation by the workers.

The ruling affirms the workers’ right to peacefully protest while respecting company operations and public order.