NATIONAL CONGRESS OF UNIONS IN THE SUGAR INDUSTRY OF THE PHILS NACUSIP vs HON

National congress of unions in the sugar industry of

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NATIONAL CONGRESS OF UNIONS IN THE SUGARINDUSTRY OF THE PHILS (NACUSIP) vs. HON. FERRER-CALLEJA (1992)FACTS:Dacongcogon Sugar and Rice Milling Co. enteredinto a CBA with respondent National Federation ofSugar Workers (NFSW)When the CBA expired, it was extended for another3 yearswith reservation to negotiate for itsamendment, particularly on wage increases, hours ofwork, and other terms and conditions of employment.However, a deadlock in negotiation ensued on thematter of wage increases and optional retirement. Inorder to obviate friction and tension, the partiesagreed on a suspension to provide a cooling-off periodto give them time to evaluate and further study theirpositions. Hence, a Labor Management Council was setup and convened, with a representative of theDepartment of Labor and Employment, acting aschairman, to resolve the issues.Petitioner filedfiled a “petition for directcertification or certification election” among the rankand file workers of Dacongcogon.Respondent NSFW moved to dismiss the petitionon the grounds that the petition was filed out of timeand that there is a deadlocked of CBA negotiationMed-Arbiter: denied the Motion to Dismiss and direct theconduct of a certification election among rank-and-fileemployeesBLR: set aside the order of the Med-Arbiter and ruled infavor of respondentIssue: Whether the BLR committed grave abuse ofdiscretion?21
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Labor Relations Casesvilladolid digestsHeld: NO. Petition Denied.The “Deadlock Bar” Rule simply provides that a petitionfor certification election can only be entertained if thereis no pending bargaining deadlock submitted toconciliation or arbitration or had become the subject of avalid notice of strike or lockout. The principal purpose isto ensure stability in the relationship of the workers andthe management.It is a rule in this jurisdiction that only a certified CBA —i.e., an agreement duly certified by the BLR may serve asa bar to certification elections.This rule simply provides that a petition for certificationelectionor a motion for interventioncan only beentertained within sixty days prior to the expiry date ofan existing collective bargaining agreement. Otherwiseput, the rule prohibits the filing of a petition forcertification election during the existence of a CBAexcept within the freedom period, as it is called, whenthe said agreement is about to expire. The purpose,obviously, is to ensure stability in the relationships of theworkers and the management by preventing frequentmodifications of any CBA earlier entered into by them ingood faith and for the stipulated original period.ASSOCIATED LABOR UNIONS (ALU) vs. HON. FERRER-CALLEJA (1989)FACTS:GAW Trading, Inc. recognized ALU as the sole andexclusive bargaining agent for the majority of itsemployees. A CBA was executed.
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