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    Divine Word Vs Secretary of Labor

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    Alvin Halcon
    The union representing employees of Divine Word University filed notices of strike against the university, claiming refusal to bargain. Conferences were eventually held and an agreement was reached. However, the university filed a petition for a certification election one hour before the agreement. The Secretary of Labor dismissed unfair labor practice cases from both sides and directed employees to return to work. The court ruled that while the university technically had the right to file for an election, its failure to bargain in good faith forfeited this right, as the records showed a lack of reasonable effort by the university to bargain over multiple proposals from the union.

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    Divine Word Vs Secretary of Labor

    Uploaded by

    Alvin Halcon
    367 views2 pages
    The union representing employees of Divine Word University filed notices of strike against the university, claiming refusal to bargain. Conferences were eventually held and an agreement was reached. However, the university filed a petition for a certification election one hour before the agreement. The Secretary of Labor dismissed unfair labor practice cases from both sides and directed employees to return to work. The court ruled that while the university technically had the right to file for an election, its failure to bargain in good faith forfeited this right, as the records showed a lack of reasonable effort by the university to bargain over multiple proposals from the union.

    Original Description:

    Divine Word University of Tacloban vs. Secretary of Labor; Labor Relations

    Original Title

    Divine Word vs Secretary of Labor

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    The union representing employees of Divine Word University filed notices of strike against the university, claiming refusal to bargain. Conferences were eventually held and an agreement was reached. However, the university filed a petition for a certification election one hour before the agreement. The Secretary of Labor dismissed unfair labor practice cases from both sides and directed employees to return to work. The court ruled that while the university technically had the right to file for an election, its failure to bargain in good faith forfeited this right, as the records showed a lack of reasonable effort by the university to bargain over multiple proposals from the union.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    367 views2 pages

    Divine Word Vs Secretary of Labor

    Uploaded by

    Alvin Halcon
    The union representing employees of Divine Word University filed notices of strike against the university, claiming refusal to bargain. Conferences were eventually held and an agreement was reached. However, the university filed a petition for a certification election one hour before the agreement. The Secretary of Labor dismissed unfair labor practice cases from both sides and directed employees to return to work. The court ruled that while the university technically had the right to file for an election, its failure to bargain in good faith forfeited this right, as the records showed a lack of reasonable effort by the university to bargain over multiple proposals from the union.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    DIVINE WORD UNIVERSITY OF TACLOBAN VS SECRETARY OF LABOR

    GR. NO. 91915


    FACTS:
    On Sept 6, 1984 the med-arbiter certified the Divine Word University Employees Union as the
    sole and exclusive bargaining agent of the Divine Word University. The union submitted its
    proposals on March 7, 1985. The Universitys reply requested that a preliminary conference be
    held on May 28, 1985. Before the conference the VP of the union resigned and withdrew the
    proposals hence the PC was cancelled.
    After three years, the affiliate of the union, Associated Labor Union, requested a conference with
    the University for the purposes of continuing the bargaining negotiations. Not having heard from
    the university, a follow up request was sent and warned the university from interference. The
    university maintained it silence.
    The union thereafter filed a notice of strike on the grounds of bargaining deadlock and ULP,
    refusal to bargain, discrimination and coercion. Conferences were held after the filing of the
    notice of strike and the parties came to an agreement.
    It was found however, that the university filed for a petition for certification election one hour
    before the agreement was concluded.
    The union then submitted proposals which were again ignored by the university. Marathon
    conciliations were held to no avail.
    The Sec of Labor assumed jurisdiction and directed that all striking workers to report back to
    work within 24 hours.
    The med-arbiter issued an order directing the conduct of the certification election. To Which the
    Sec of Labor directed to hold in abeyance. The Sec of Labor dismissed the cases of ULP filed by
    the union and the university.
    ISSUE:
    Whether or not certification election can be held after CBA was agreed upon after 5 years.
    HELD:
    An employer who is requested to bargain collectively may file a petition for certification election

    any time except upon clear showing the existence of either:


    1) petition is filed within one year from the issuance of a final certification election result OR
    2) when a bargaining deadlock had been submitted to conciliation or arbitration or had become
    the subject of a valid notice of strike or lockout.
    Deadlock is the counteraction of things producing entire stoppage: a state of inaction or of
    neutralization caused by the opposition of persons or factions. There is a deadlock when there is
    a complete blocking or stoppage resulting from the action of equal and opposed forces.
    The records of the case shows that there was no reasonable effort at good faith bargaining on the
    part of the university.
    Procedure:
    1) proposal
    2) conference in case of differences
    3) conciliation
    4) the parties are prohibited from exercising acts which would impede or disrupt the early
    settlement of the case
    5) exert efforts for amicable settlement
    The union after submitting proposals which were ignored by the university, remained passive.
    Technically, the university has the right to file the petition for certification election as there was
    no bargaining deadlock. However such right was forfeited by its inaction.

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