Case Digest (G.R. No. 149610)
Facts:
The case at hand (G.R. No. 149610) involves Rosendo Piaero and the Dumaguete Cathedral College Faculty and Staff Association (DUCACOFSA), who alongside the National Federation of Teachers and Employees Union (NAFTEU), acted as petitioners against the National Labor Relations Commission (NLRC) and Dumaguete Cathedral College, Inc., the private respondent. The events leading to this legal battle began on December 19, 1986, when DUCACOFSA entered into a Collective Bargaining Agreement (CBA) with Dumaguete Cathedral College, which was set to last for three years. After the CBA expired in 1989, the parties failed to reach a new agreement. Subsequently, DUCACOFSA, then affiliated with NAFTEU, filed a notice of strike on grounds of the employer's refusal to negotiate a new CBA.
On November 4, 1991, DUCACOFSA-NAFTEU executed a strike without complying with the Department of Labor and Employment's (DOLE) requirement to submit the results of a strike vote taken among its members
Case Digest (G.R. No. 149610)
Facts:
Background of the Parties:
- Private respondent Dumaguete Cathedral College, Inc. (DCCI) is an educational institution and the employer of the faculty and staff members who are part of the labor union Dumaguete Cathedral College Faculty and Staff Association-National Federation of Teachers and Employees Union (DUCACOFSA-NAFTEU).
- On December 19, 1986, DUCACOFSA (then affiliated with the National Alliance of Teachers and Allied Workers or NATAW) entered into a Collective Bargaining Agreement (CBA) with DCCI, effective for three years.
Expiration of CBA and Notice of Strike:
- Upon the expiration of the CBA in 1989, the parties failed to conclude a new agreement. This led DUCACOFSA (now affiliated with NAFTEU) to file a notice of strike with the Department of Labor and Employment (DOLE) on the ground of refusal to bargain.
Strike Conducted Without Compliance:
- On November 4, 1991, DUCACOFSA-NAFTEU conducted a strike on DCCI's premises without submitting the required results of the strike vote to the DOLE.
Complaint Filed by DCCI:
- On November 21, 1991, DCCI filed a complaint with the DOLE to declare the strike illegal and to dismiss the union officers, including Rosendo U. Piñero (President) and nine others.
Labor Arbiter's Decision:
- On October 28, 1994, the Labor Arbiter declared the strike illegal and ordered the dismissal of the union officers, effective on the date of the decision.
Appeal to NLRC:
- The union officers appealed to the National Labor Relations Commission (NLRC), which affirmed the Labor Arbiter's decision on December 19, 1995. The NLRC added that DUCACOFSA-NAFTEU, not being a legitimate labor organization, had no personality to hold a strike.
Court of Appeals Decision:
- The Court of Appeals affirmed the NLRC's decision on March 25, 2001, and denied Piñero's Motion for Reconsideration on August 29, 2001.
Petition to the Supreme Court:
- Piñero filed a petition for certiorari with the Supreme Court, which referred the case to the Court of Appeals. The Court of Appeals upheld the NLRC's decision.
Issues:
- Was the strike staged by DUCACOFSA-NAFTEU illegal?
- If yes, should Rosendo U. Piñero be dismissed?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)