Capitol Medical Center vs NLRC

GR No. 147080. April 26, 2005

Issue:
Whether the R union was the EBA of the
rank and file employees of the Petitioner
Company
The petitioner comps refusal to negotiate
for CBA resulted in a union-led strike on
April 15, 93
Facts:
R union had to contend with another
union, which is CMC-ACE
CMC demanded for a certification
election among the rank and file
employees of P comp.
MedArb granted the petition
Undersecretary Laguesma granted the
appeal
- and denied the motion filed by P
comp and CMC
CMC brought the matter to the court
TC affirmed the resolution of
Undersecretary Laguesma
1. PCE filed by CMC dismissed
2. Directing P comp to negotiate a
CBA with R union
Decision became final and executory
Union requested for a meeting to
negotiate for a CBA
P comps president rejected the
proposed meeting, claiming that:
1. it was a violation of RA 6713
2. union was not a legitimate one
P comp filed a petition for the
cancellation of the unions certificate of
registration
Grounds:

1. R unions failure to submit its

annual financial statements [thus] has
long lost its legal personality
2. R union engaged in a strike
which has been declared illegal
Union reiterated its proposal for CBA
negotiations as it was unaware of the
petition
union filed a notice of strike [October
29, 97] with NCMB
[instead of filing a motion with SOLE to
enforce undersecretarys resolutions]
Grounds:
1. refusal to bargain
2. coercion on employees
3. interference/restraint to selforganization
conferences before the NCMB were
conducted but no agreement was reached
p comp filed a letter requesting that the
NOS be dismissed
union submitted the minutes of the
alleged strike vote [November 10, 97]
1.
178/300
union
members
participated
2. 156 voted to strike
3. 14 negative votes
4. 8 spoiled votes
union staged a strike [November 28
97]
union filed a motion with the DOLE for
it to assume jurisdiction over the dispute
union prayed for the comps officers to
be found guilty of ULP
SOLE assumed jurisdiction over the
labor dispute and ordered that
1. all striking workers must return
to work within 24 hrs from the receipt of
this order

2. management shall resume

normal operations and accept back all
striking workers under the same terms
and conditions
union stopped the strike and returned
to work
p comp filed a petition to declare the
strike illegal with the NLRC
1. no secret balloting took place at
the parking lot
2. the signature of a union member
on the Statements was not his
3. no formal voting was held on
said dates
4. other employees were not union
members but were asked to sign
documents
[meantime] DOLE denied the petition
for cancellation of the unions certificate of
registration
- affirmed by BLR Diretor
labor arbiter declared the strike illegal
- respondent union should have
filed a motion for a writ of execution of the
resolution
of
undersecretary
[article
263[9]]
NLRC reversed the labor arbiters
decision
W/N R UNION FAILED TO COMPLY WITH
SECTION 10, RULE 22 OF THE OMNIBUS
RULES YES