Case Digest (G. R. No. 10114)
Facts:
Bisaya Land Transportation Co., Inc. v. Court of Industrial Relations and Philippine Marine Radio Officers' Association, G.R. No. 10114, November 21, 1957, the Supreme Court En Banc, Labrador, J., writing for the Court. Petitioner Bisaya Land Transportation Co., Inc. filed an appeal by certiorari from a decision of the Court of Industrial Relations in Case No. 4-IPA, which arose from a labor petition filed by the Philippine Marine Radio Officers' Association (PHILMAROA). The dispute was related to two other cases (G.R. No. L-10095 and G.R. No. L-10115) that the Court had recently resolved on October 31, 1957.On September 26, 1953 PHILMAROA presented demands for standardization and increases in salary, sick and vacation leaves, hospitalization, and a closed-shop agreement. On October 24, 1953 a notice of intention to strike was filed with the Conciliation Service Division of the Department of Labor against the petitioners. The dispute was later certified by the President to the Court of Industrial Relations. Pending disposition, radio operators Benjamin Nadanza and Arcadio Ouano abandoned the ships of petitioner on November 30 and December 7, 1953, respectively; they returned a few weeks later and were reinstated at their request.
Before the Court of Industrial Relations petitioner contended the strike was unlawful because no notice of the strike was served directly on it and argued that the operators’ return to work and reinstatement extinguished any cause of action against it. The Court of Industrial Relations ruled that Bisaya had waived the defense of illegality of the strike by accepting the returning radio operators, and that while lack of cause of actio...(Pro-only)
Issues:
- Was the presidential certification of the dispute to the Court of Industrial Relations null and void?
- Did the Court of Industrial Relations lack jurisdiction over the case?
- Did petitioner, by reinstating the striking radio operators, waive any cause of action so as to extinguish the union’s demands?
- Was the strike or abandoning of posts by the radio operators illegal?
- Does a craft union like PHILMAROA have the right or power to bargain collectively?
- Could PHILMAROA lawfully represent radio operators Nadanza and Ouano...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)