The length of time is immaterial in determining the

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: and
the
parties
 obligation
to
honor
said
mechanism
 Accordingly
 the
 NCMB
 should
 have
 directed
 the
 Union
to
honor
its
agreement
with
the
University
to
 exhaust
 all
 administrative
 grievance
 measures
 and
 bring
 the
 alleged
 deadlock
 to
 voluntary
 arbitration.
 Unfortunately,
 the
 NCMB
 did
 not
 resolve
 the
 University’s
motion.
 The
failure
of
the
NCMB
and
thereafter
the
Secretary
 to
 recognized,
 honor
 and
 enforce
 the
 grievance
 machinery
 and
 voluntary
 arbitration
 provisions
 of
 the
CBA
unwittingly
rendered
said
provisions,
as
well
 as
Articles
261
and
262
of
the
Labor
Code
useless.
As
 here,
 a
 union
 can
 easily
 circumvent
 the
 grievance
 23
 • • machinery
 and
 a
 previous
 agreement
 to
 resolve
 differences
 or
 conflicts
 through
 voluntary
 arbitration
 through
 the
 simple
 expedient
 of
 filing
 a
 notice
of
strike.
On
the
other
hand,
management
can
 avoid
 the
 grievance
 machinery
 and
 voluntary
 arbitration
by
simply
filing
a
notice
of
lockout.
 Main
purpose
of
adopting
a
procedure
in
the
CBA
is
 precisely
to
avoid
strike/lockout
 Primacy
of
voluntary
arbitration
over
assumption
of
 jurisdiction
 
 NCMB
 should
 have
 declared
 as
 not
 duly
 filed
 the
 Union’s
 notice
 of
 strike
 
 (Section
 6
 (c)(i),
Rule
VI,
NCMB’s
Manual
of
Procedures
in
the
 Settlement
 and
 Disposition
 of
 Conciliation
 and
 Preventive
 Mediation
 Cases)
 and
 referred
 the
 dispute
to
VA
 No­strike
 clause
 not
 binding
 upon
 newly
 certified
 bargaining
 agent
 o Benguet
 Consolidated,
 Inc.
 v.
 BCI
 Employees
 and
 Workers
 Union
 CBA
 effective
 for
 4
 and
 ½
 years,
 containing
 a
 no‐ strike
 clause.
 While
 CBA
 was
 subsisting,
 a
 CE
 was
 held
 among
 the
 employees,
 which
 resulted
 in
 the
 selection
of
another
bargaining
representative.
The
 certified
 Union
 thereafter
 declared
 a
 strike
 for
 the
 enforcement
 of
 certain
 demands.
 Company
 maintains
that
Union
violated
the
no
strike
clause.
 Issue:
 Is
 the
 new
 bargaining
 agent
 bound
 by
 the
 strike
clause,
thus
making
the
strike
illegal?
NO
 The
 substitutionary
 doctrine
 means
 that
 the
 employees,
 through
 their
 bargaining
 agent,
 cannot
 renege
on
their
collective
bargaining
contract
except
 of
 course
 to
 negotiate
 with
 management
 for
 the
 shortening
 thereof.
 This
 doctrine
 cannot
 be
 invoked
 to
 support
 the
 contention
 that
 a
 newly
 certified
 collective
 bargaining
 age...
View Full Document

Ask a homework question - tutors are online