SAMAHAN NG MGA MANGGAGAWA SA MOLDEX VS NLRC

Posted: May 1, 2015 in case digests, labor relations
Tags: , ,

SAMAHAN NG MGA MANGGAGAWA SA MOLDEX VS NLRC

 

FACTS:

After the negotiations for the renewal of collective bargaining agreement between petitioner Union and private respondent Moldex Products, Inc. ended with a deadlock, petitioner filed a notice of strike before the NCMB. A strike vote was conducted, but the results thereof were never submitted to NCMB. Petitioner went on strike. On private respondent’s petition, it was declared as illegal by the Labor Arbiter. On appeal to the NLCR, the case was remanded to the Labor Arbiter for reception of additional evidence, thus this petition.

ISSUE:

Whether or not the strike staged by the petitioner was illegal.

HELD:

Yes, the strike was illegal.

Art. 264 of the Labor Code provides in part that no strike shall be conducted without having first filed a notice of strike, or without the necessary strike or lockout vote first having been obtained and reported to the Ministry.

In this case, the result of the strike vote was not submitted to the NCMB making the strike staged illegal. Also, they committed acts of violence, threats, coercion and intimidation during the strike.

The employment of the members and of the officers who committed prohibited acts in the course of the strike were declared forfeited.

The NLRC resolution was set aside.

LABREL CASE DIGEST POOL / ATTORNEY JHONELLE ESTRADA / MONDAYS / 5:30 PM TO 8:30 PM / NEW ERA UNIVERSITY COLLEGE OF LAW

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