University of the Immaculate Conception, Inc. v. Secretary of members.

The employees chose neither and argued that

Labor, UIC Teaching and Non-Teaching Personnel and Employees they could remain as confidential employees and Union
Union, et al. members at the same time.
7. The University terminated these employees, which led to
G.R. No. 151379 the Union to call for another strike.
Date: January 14, 2005 8. The Secretary of Labor issued another Order reiterating
Ponente: Azcuna, J. the directives contained in the previous Order. It also
stated that the effects of termination of employees be
FACTS suspended.
1. Petitioner University and the respondent UIC Union (Union) 9. The University moved for the reconsideration of the Order.
were holding collective bargaining negotiations. The Union This was denied by the Secretary.
is the certified bargaining agent of all rank and file 10. The case was brought before the Court of Appeals
employees of the university.
2. Negotiations were brought to a stand still when the parties
could not agree whether to include secretaries, registrars,
accounting personnel, and guidance counselors in the scope
of the bargaining unit. The University was against their
inclusion.
3. The matter was thus submitted for voluntary arbitration.
The panel of arbiters resolved to include accounting
personnel in the bargaining unit, and exclude all others.
4. The Union rejected the panel’s resolution and moved for
reconsideration. While that was pending, the Union filed a
notice of strike, and indeed pushed through with the action
on January 20, 1995.
5. The Secretary of Labor, invoking Article 263 (g) of the Labor
Code, then issued an Order assuming jurisdiction over the
labor dispute. The Order also directed the striking workers
to return to work within 24 hours, and for the management
and the workers to cease and desist from committing any
or all acts that might exacerbate the situation.
6. The panel of arbiters finally rejected the Union’s motion for
reconsideration, which prompted the University to send a
notice to several employees excluded from the bargaining
unit. The notice urged the employees to either resign from
the union and remain employed as confidential employees,
or resign from their confidential positions and remain Union