115 Sukhothai Cuisine Vs CA
115 Sukhothai Cuisine Vs CA
Sukhothai Cuisine v. CA
Date: July 17, 2006
Ponente: Austria-Martinez, J.
Digest Maker: John Michael Vida
SUMMARY:
PLAC-Sukhothai filed a Notice of Strike on grounds of ULP.
This issue was submitted to voluntary arbitration, however
during the pendency of VA proceedings, Sukhothai
dismissed some employees on bases of disciplinary
measures. This led to PLAC-Sukhothai holding a wildcat
strike. The Court held that strikes staged in violation of
agreements providing for arbitration are illegal, since these
agreements must be strictly adhered to and respected if
their ends are to be achieved.
DOCTRINE:
Strikes and Lockouts wildcat strikes
FACTS:
[NOTE: taken and derived from earlier Labor 2 digests from last
years pool]
Sometime in March 1998, majority of the employees of Sukhothai
Cuisine and Restaurant (Sukhothai) organized themselves into a
union which affiliated with Philippine Labor Alliance Council
(PLAC), designated as PLAC Local 460 Sukhothai Restaurant
Chapter (Union).
The union later filed a Notice of Strike on December 1998, on the
ground of ULP acts of harassment, fault-finding, union-busting.
In the conciliation conference, Sukhothai and the Union entered
into a submission agreement that there will be no termination of
employment during the pendency of the case with the
reservation of the management prerogative to issue memos for
violation of company policies. A strike vote was conducted.
ISSUES/HELD:
WON the wildcat strike was illegal. YES.
RATIO:
The undisputed fact is that at the time the strike was staged in
June 1999, voluntary arbitration between the parties was ongoing
by virtue of the Submission Agreement between the parties. The
issue to be resolved under those proceedings pertained to the
very same issues stated in the Notice of Strike: the commission
of unfair labor practices, such as acts of harassment, faultfinding, and union busting through coercion and interference with
union affairs.
Article 264 of the Labor Code provides:
Art. 264. Prohibited activities.
xxxx
No strike or lockout shall be declared after assumption of jurisdiction by the
President or the Secretary or after certification or submission of the dispute to
compulsory or voluntary arbitration or during the pendency of cases involving the
same grounds for the strike or lockout.