Allissuestobedeterminedinthecertifiedindustrialdispute

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Unformatted text preview: 
 to
the
procedure
agreed
upon
for
the
settlement
of
disputes
 o San
Miguel
Corporation
v.
NLRC
and
IBM
 SMC
 and
 Ilaw
 at
 Bukod
 ng
 Manggagawa
 (IBM),
 exclusive
 bargaining
 agent,
 executed
 a
 CBA
 under
 which
 they
 agreed
 to
 submit
 all
 disputes
 to
 grievance
 and
 arbitration
 proceedings.
 CBA
 also
 included
 a
 mutually
 enforceable
 no‐strike/no‐ lockout
agreement
 Then,
2
groups
from
the
IBM
filed
notices
of
strike
 with
 the
 NCMB
 against
 SMC
 for
 ULP.
 NCMB
 Lalay
Abala.
ALS2014B.
Labor
II.
 • converted
 the
 notices
 to
 preventive
 mediation,
 stating
that
the
grounds
are
non‐strikeable
because
 they
 involve
 an
 intra‐union
 conflict.
 IBM
 went
 on
 strike.
 NLRC
 denied
 the
 petition
 for
 injunction
 for
 lack
 of
 factual
 basis,
 finding
 that
 there
 were
 no
 actual
 or
 threatened
 commission
 of
 unlawful
 acts
 at
that
time.
 Issue:
 Whether
 the
 NLRC
 should
 have
 granted
 the
 petition
for
injunction?
 SMC
 is
 correct
 in
 claiming
 that
 the
 union
 failed
 to
 comply
 with
 the
 procedural
 requirements
 of
 a
 valid
 strike,
because
it
failed
to
file
a
valid
notice
of
strike
 with
 the
 NCMB.
 When
 the
 NCMB
 converted
 IBM’s
 notices
into
preventive
mediation,
this
had
the
 effect
 of
dismissing
the
notices
of
strike
filed
by
IBM.
 IBM
went
on
strike
despite
the
lack
of
a
valid
notice
 of
strike,
and
despite
the
pendency
of
the
mediation
 proceedings.
And
even
after
the
execution
of
the
MOA
 by
the
parties,
where
they
agreed
to
good
faith
talks,
 instead
 of
 picketing.
 And
 since
 the
 CBA
 contained
 provisions
 on
 grievance
 and
 arbitration,
 obviously
 the
 union
 violated
 such
 provisions
 when
 it
 filed
 a
 notice
 of
 strike
 without
 availing
 of
 the
 remedies
 therein.
 Dismissal
 of
 employees
 during
 conciliation,
 when
 legal
 and
 enforceable
 o GTE
Directories
Corp.
v.
Sanchez
 GTE
issued
sales
policies
that
did
not
sit
well
with
 the
 employees.
 They
 did
 not
 comply
 with
 the
 requirement
to
submit
individual
reports
reflecting
 target
 revenues
 as
 of
 deadlines.
 Employees
 suspended.
 Policy
 was
 revised.
 Still,
 no
 one
 submitted
a
report.
GTE
terminated
its
employees.
 During
all
this
time,
conciliation
efforts
were
being
 exerted
 by
 the
 BLR.
 When
 these
 provided
 futile,
 Labor
 Minister
 assumed
 jurisdiction
 over
 the
 dispute.
 Still,
 the
 company
 proceeded
 to
 dismiss
 the
 employees.
 Minister
 found
 t...
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