Case Digest (G.R. No. 211526)
Facts:
PMI-Faculty and Employees Union v. PMI Colleges Bohol, G.R. No. 211526, June 29, 2016, the Supreme Court Second Division, Brion, J., writing for the Court.The parties are PMI-Faculty and Employees Union (petitioner or the Union), the certified bargaining representative of rank-and-file faculty and staff, and PMI Colleges Bohol (respondent), an educational institution offering maritime and customs administration courses. The dispute began with the Union's October 2, 2009 notice of strike filed with the NCMB alleging gross violation of Sections 3 and 3(a) of the parties' collective bargaining agreement; Secretary Marianito D. Roque of the DOLE certified the dispute to the NLRC for compulsory arbitration on December 29, 2009.
On July 19, 2010 the Union filed a second notice of strike based on the same CBA violation. The respondent moved to strike out that notice and to refer the dispute to voluntary arbitration (filed July 28, 2010) and later sought joinder of issues (filed August 5, 2010). The Union submitted its strike vote on August 2, 2010. On August 9, 2010—the last day of the combined 15‑day cooling-off and 7‑day strike vote periods—the Union officers and members allege they were refused entry to the school premises and, asserting a lockout, staged a strike that same day; the respondent filed a Petition to Declare the Strike Illegal that same day. DOLE Secretary Rosalinda D. Ba?doz assumed jurisdiction by order dated August 10, 2010 and directed the strikers to return to work and the school to resume operations.
Labor Arbiter Leo N. Montenegro issued a decision on September 26, 2011 dismissing the petition to declare the strike illegal, finding the Union substantially complied with the requisites of a valid strike and that the early strike was precipitated by an illegal lockout. On appeal, the NLRC reversed by decision promulgated April 30, 2012, declaring the strike illegal for failure to comply with requisites and holding that union officers who participated lost their employment status; the NLRC denied reconsideration on June 29, 2012. The Union filed a Rule 65 certiorari petition with the Court of Appeals; the CA 20th Division dismissed the petition on December 20, 2012 for multiple procedural infirmities (defective fees, failure to append af...(Pro-only)
Issues:
- Did the Court of Appeals commit reversible error in dismissing the Union's petition for certiorari solely on procedural/technical grounds?
- Did the NLRC commit grave abuse of discretion in declaring the August 9, 2010 strike illegal and in finding that union officers lost thei...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)