Вы находитесь на странице: 1из 1

01 BUKLURAN NG MANGGAGAWA SA CLOTHMAN authority to sign the certification in behalf of the other


THE PHILIPPINES FOR CORPORATION — SOLIDARITY OF 2. W/N Bukluran, et al. staged an illegal strike? – YES
REFORMS (BMC-SUPER), et al. v. CA Held:
G.R. No. 158158, January 17, 2015, Ortega 1. YES. Bukluran, along with its supporters (like those
from the knitting department), staged a strike without
Doctrine/s: [BOLD in Held] complying with the requirements in LC and its IRR.
2. A strike is any temporary stoppage of work by the
Facts: concerted action of employees as a result of an
1. Clothman Knitting Corporation (CKC) is a domestic industrial or labor dispute. A labor dispute includes
corporation engaged in knitting/textiles. any controversy or matter concerning terms or
2. Bukluran ng Manggagawa sa Clothman Knitting conditions of employment or the association or
Corporation — Solidarity of Unions in the Philippines representation of persons in negotiating, fixing,
for Empowerment and Reforms (Bukluran; herein maintaining, changing or arranging the terms and
petitioner union) is one of the LLOs (union) of the rank conditions of employment, regardless of whether the
and file employees of CKC disputants stand in the proximate relation of employer
3. March 2, 2001 - Pending the resolution of a petition for and employee.
CE filed by Bukluran, a Memo was issued by CKC, 3. Their act caused a temporary work stoppage as a
informing the employees of the change in schedule result of an industrial dispute. This is evidenced in the
brought about by the decrease in the orders of the spot reports of the Atlantic Security & Investigation
customers Agency for June 12 – 18 (talked about how the strike
4. March 10 – another Memo was issued by CKC was conducted and about the blockage done)
informing the employees of the Dyeing and Finishing 4. The allegation that there can be no work stoppage
Division that a temporary shutdown of the operations because the operation in the Dyeing and Finishing
therein would be effected for one week (March 12 – 17) Division had been shut-down is of no consequence. It
5. However, since CKC was unable to solve its financial bears stressing that the other divisions were fully
problems, it decided to temporarily shut-down its operational. There is nothing on record showing that
operations at the Dyeing and Finishing Division, until the union members and the supporters who formed a
further notice. It notified the DOLE of the said shutdown picket line in front of the CKC's compound were
on May 26, 2001. Note, however, that the operations of assigned to the finishing department. As can be clearly
the OTHER divisions of the CKC remained normal. inferred from the spot reports, employees from the
6. June 11 - While CKC’s service truck was about to knitting department also joined in picket. The blockade
deliver fabric in Bulaca, the group of Raymond of the delivery of trucks and the attendance of
Tomaray (also petitioners here; Tamoray is the employees from the other departments of the
president of Bukluran) approached the truck and respondent meant work stoppage. The placards that
blocked its wat. As a result, he driver of the service the picketers caused to be displayed arose from
truck decided to return to the respondent's compound. matters concerning terms or conditions of employment
7. Later that day, the Tomaroy group staged a picket in as well as the association or representation of persons
front of CKC’s compound, carrying placards with in negotiating, fixing, maintaining, changing or
slogans (Containing: “Ibalik ang pasok sa Finishing arranging the terms and conditions of employment.
Department; “Huwag mong ipitin ang mid-year, 13th Clearly, Bukluran, its officers, members and supporters
month pay ng mga manggagawa sa CKC. BMC- staged a strike.
SUPER”, etc.) 5. In order for a strike to be valid, the following
8. June 14 - 23 members of Bukuran gathered in front of requirements laid down in paragraphs (c) and (f) of
CKC’s compound carrying the same placards Article 263 [now 178] of the Labor Code must be
 They also did this from June 15 – 18, with other complied with:
supporters of Bukluran (a) a notice of strike must be filed;
9. So, CKC filed a petition to declare the strike illegal (b) a strike-vote must be taken; and
before the arbitration branch of the NLRC, alleging that (c) the results of the strike-vote must be
the above-mentioned acts of Bukluran’s members reported to the DOLE.
constituted an illegal strike, because it was not able It bears stressing that these requirements are
accomplish the requirements needed to conduct a mandatory, meaning, noncompliance therewith makes
strike, and also because their acts resulted in losses the strike illegal. The evident intention of the law in
for CKC. requiring the strike notice and strike-vote report is to
10. LA Ruling: For CKC; the strike was illegal, and the reasonably regulate the right to strike, which is
union officers who participated therein as named in the essential to the attainment of legitimate policy
complaint should rightly be terminated. objectives embodied in the law. Considering that the
11. NLRC Ruling: Dismissed the appeal; ruled for CKC petitioner union failed to comply with the aforesaid
12. CA Ruling: Dismissed the appeal; ruled for CKC requirements, the strike staged on June 11 to 18 is
13. Contention of Bukluran, et al: THAT it could not have illegal. Consequently, the officers of the union who
staged a strike because the operations at the Dyeing participated therein are deemed to have lost their
and Finishing Division were temporarily stopped (that it employment status
could not have caused a stoppage of work since its
operations were already stopped) IN LIGHT OF ALL THE FOREGOING, the petition is DENIED.
Issue/s: The Resolutions of the Court of Appeals in CA-G.R. SP No.
1. W/N this petition by Bukluran should be dismissed 73353 are AFFIRMED. No costs. SO ORDERED.
because the certification for non-forum shopping was [Dispositive Portion]
only signed by Tomaray? (YES. Tomaray had no