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Facts:
Issue:
Ruling:
Yes.
The notice of strike filed by the union before the NCMB contained general
allegations that RBS management committed unfair labor practices by its
gross violation of the collective bargaining agreement. Thus, the Union has
the burden of proof to provide evidence on this allegation.
Further, the Union has not raised the issue of unfair labor practices during the
conciliatory meetings.
And the Union has continuously refused to substantiate the allegations filed
before the NCMB
Under Rule the Implementing Rules of the Labor Code
In cases of unfair labor practices, the notice of strike shall as far as
practicable, state the acts complained of and the efforts to resolve the
dispute amicably.
The Court affirms the factual finding of the labor arbiter and the NLRC that
there was no strikeable issue to support respondents (the Union) subject
strike. The evidence show that the union anchored its position on alleged
unfair labor practices in order to evade not only the grievance machinery but
also the no strike clause in their collective bargaining agreement with RBS.