This case has been cited 2 times or more.
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2012-08-23 |
LEONARDO-DE CASTRO, J. |
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| Petitioner's reliance on the July 12, 2002 Decision of Labor Arbiter Pati, and the NLRC's affirmance thereof, is misplaced. The unfair labor practice complaint dismissed by Labor Arbiter Pati questioned petitioner's actions immediately after the March 19, 2001 Decision of BLR Regional Director Maraan, finding that "the reason for the hold-over [of the previously elected union officers] is already extinguished." The present controversy involves petitioner's actions subsequent to (1) the clarification of said March 19, 2001 Maraan Decision by BLR Director Cacdac who opined in a May 16, 2003 memorandum that the then incumbent union officers (i.e., the Bañez faction) continued to hold office until their successors have been elected and qualified, and (2) the July 28, 2003 Decision of the Secretary of Labor in OS-AJ-0015-2003 ruling that the very same intra-union dispute (subject of several notices of strike) is insufficient ground for the petitioner to suspend CBA negotiations with respondent union. We take notice, too, that the aforesaid Decision of Labor Arbiter Pati has since been set aside by the Court of Appeals and such reversal was upheld by this Court's Second Division in its Decision dated April 7, 2009 in G.R. No. 177283, wherein petitioner was found liable for unfair labor practice.[53] | |||||
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2010-12-06 |
VILLARAMA, JR., J. |
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| This is the reason why it is axiomatic in labor relations that a CBA entered into by a legitimate labor organization that has been duly certified as the exclusive bargaining representative and the employer becomes the law between them. Additionally, in the Certificate of Registration[50] issued by the DOLE, it is specified that the registered CBA serves as the covenant between the parties and has the force and effect of law between them during the period of its duration. Compliance with the terms and conditions of the CBA is mandated by express policy of the law primarily to afford protection to labor[51] and to promote industrial peace. Thus, when a valid and binding CBA had been entered into by the workers and the employer, the latter is behooved to observe the terms and conditions thereof bearing on union dues and representation.[52] If the employer grossly violates its CBA with the duly recognized union, the former may be held administratively and criminally liable for unfair labor practice.[53] | |||||