SAMAHAN NG MANGGAGAWA SA MOLDEX PRODUCTS, INC. VS.

NLRC
324 SCRA 242
1 February 2000
FACTS: After the negotiations for the renewal of the collective bargaining agreement between petitioner union and private respondent Moldex
Products, Inc. ended in a deadlock, petitioner filed a notice of strike before the National Conciliation and Mediation Board (NCMB). A strike vote was
conducted, but the results thereof were never submitted to NCMB. Petitioner went on strike. On private respondents petition, it was declared as
illegal by the Labor Arbiter. On appeal to the NLRC, the case was remanded for the Labor Arbiter for reception of additional evidence, thus this
petition.
ISSUE: Whether or not the strike staged by petitioner was illegal.
RULING: Yes, the strike was illegal.
Article 264 of the Labor Code provides in part that no strike shall be conducted without first having filed a notice of strike or without first having filed a
notice of strike, or without the necessary lockout or strike vote first having been obtained and reported to the Ministry.
In this case, the result of the strike vote was not submitted to the NCMB making the strike staged illegal. Also, they committed acts of violence,
threats, coercion and intimidation during the strike.
The employment of the officers and of the members who committed prohibited acts in the course of the strike were declared forfeited.
The NLRC resolution was set aside.