SMC vs NLRC

Collective Bargaining Deadlock is defned as the situation between the labor

and the management of the coman! where there is failure in the collective
bargaining negotiations resulting in a stalemate"# $he situation is non%e&istent in
the resent case since there is a Board assigned on the third level 'Ste () of the
grievance machiner! to resolve the con*icting views of the arties" +nstead of
asking the conciliation decide the con*ict, etitioner declared a deadlock, and
thereafter, fled a notice of strike" -or failing to e&haust all the stes in the
grievance machiner! and arbitration roceedings rovided in the Collective
Bargaining .greement, the notice of strike should have been dismissed b! the
NLRC and rivate resondent union ordered to roceed with the grievance and
arbitration roceedings"
+n abandoning the grievance roceedings and stubbornl! refusing to avail of the
remedies under the CB., rivate resondent'union) violated the mandator!
rovisions of the CB."
/etitioner 'emlo!er) having evinced its willingness to negotiate the fate of the
remaining emlo!ees a0ected , there is no ground to sustain the notice of strike
if the union"