PILIPINO TELEPHONE CORPORATION vs.

PILIPINO TELEPHONE EMPLOYEES ASSOCIATION (PILTEA)

G.R. No. 160058 June 22, 2007 PILTEA vs NLRC G.R. No. 160094

FACTS: The CBA was due to expire and a negotiation was conducted but standstills occurred, so the parties
submitted their disputes to the NCMB for preventive mediation but later on failed. The union later on
filed for a notice of strike due to the alleged acts of "restraint and coercion of union members and
interference with their right to self-organization" committed by the Company. The company petitioned
the secretary of labor to assume jurisdiction on the labor dispute. The Secretary assumed jurisdiction and
the parties are directed to cease and desist from committing any or all acts that might exacerbate the
situation. Nearly a month later the Union filed a second Notice of Strike on the ground of union busting,
refusal to turn over union funds, mass promotion of members with the intention of excluding them from
the negotiations. The strike was filed and conducted on the same day.

The company petitioned to declare the strike illegal.

LAW: Article 263 of the Labor Code. 1) A notice of strike, with the required contents, should be filed with
the DOLE, specifically the Regional Branch of the NCMB, copy furnished the employer of the union;

2) A cooling-off period must be observed between the filing of notice and the actual execution of the
strike thirty (30) days in case of bargaining deadlock and fifteen (15) days in case of unfair labor practice.
However, in the case of union busting where the unions existence is threatened, the cooling-off period
need not be observed.

4) Before a strike is actually commenced, a strike vote should be taken by secret balloting, with a 24-hour
prior notice to NCMB. The decision to declare a strike requires the secret-ballot approval of majority of
the total union membership in the bargaining unit concerned.

5) The result of the strike vote should be reported to the NCMB at least seven (7) days before the
intended strike or lockout, subject to the cooling-off period.

Art. 264. Prohibited activities

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.

ISSUE: Was the strike illegal?

CASE HISTORY: The LABOR ARBITER declared the strike to be illegal.

NLRC affirmed the decision of the Labor Arbiter in toto.

CA modified the decision of the NLRC with regard to the dismissals and suspensions.

RULING: YES, In the case at bar, the Union staged the strike on the same day that it filed its second notice
of strike. The Union violated the seven-day strike ban. This requirement should be observed to give the
Department of Labor and Employment (DOLE) an opportunity to verify whether the projected strike really
carries the approval of the majority of the union members.

The union also staged a strike in violation with Art. 264 of the Labor Code.

The court agrees with the CA that there was no union busting which would warrant the non-observance
of the cooling-off period. To constitute union busting under Article 263 of the Labor Code, there must be:
1) a dismissal from employment of union officers duly elected in accordance with the union constitution
and by-laws; and 2) the existence of the union must be threatened by such dismissal. In the case at bar,
the second notice of strike filed by the Union merely assailed the mass promotion of its officers and
members during the CBA negotiations. Surely, promotion is different from dismissal.

OPINION: In the case at hand this student finds that the union jumped the gun in claiming that the
company was committing union busting. The union should have done a better investigation on the matter
especially on the promotion of their members for their acts could have denied the clearly positive
promotion from their members which would be detrimental to the welfare of the workers. The strike in
itself also caused problems for workers and strengthens the need for protection of the workers from the
very union that they have joined whether willfully or out of requirement.