NATIONAL FEDERATION OF SUGAR WORKERS (NFSW), petitioner, vs.

ETHELWOLDO R. OVEJERA, CENTRAL AZUCARERA DE LA CARLOTA (CAC),

COL. ROGELIO DEINLA, as Provincial Commander, 3311st P.C. Command,
Negros Occidental, respondents.

FACTS:

Petitioner, the bargaining representative of Central Azucarera de la Carlota (CAC)

employees entered into collective bargaining agreement with CAC wherein the
parties agreed to maintain the present practice on the grant of Christmas bonus,
milling bonus and amelioration bonus equivalent to 1 1/2 month's salary.
On November 30, 1981, petitioner and respondent CAC entered into a compromise
agreement two days after the petition struck to compel payment of the 13th month
pay agreeing to abide by the final decision of the Supreme Court in any case
involving the 13th month pay if it clearly held that the employer is liable to pay the
same separate and distinct from the bonuses already given.
Meanwhile, G.R. No. 51254, Petition for Certiorari and Prohibition filed by Marcopper
Mining Corporation which sought to annul the decision of the Labor Deputy Minister
granting the 13th month pay to its employees in addition to mid-year and Christmas
bonuses under a CBA was dismissed on June 11, 1981 on the vote of seven (7)
Justices and the motion for its reconsideration was denied by a vote of five Justices.
Thereafter, petitioner struck after six days notice with the Ministry of Labor and
Employment (MOLE). One day after the commencement of the strike, petitioner filed
a strike vote report with MOLE . The strike was declared illegal by respondent
Ovejera for violation of the 15 day cooling-off period and the 7 day strike ban
required by B.P. 130. Without appealing to the NLRC, the present petition was filed
questioning the declaration of illegality of the strike and the denial of the 13th
month pay.
ISSUES:
1. WON the strike staged by NFSW was illegal?
2. WON the employees are entitled to receive 13th month pay?

RULING:

On review, The Supreme Court, in affirming the decision of the deputy of labor
minister, ruled that a) the failure of the NFSW to abide with the mandatory coolingoff period and the 7 day strike ban made the strike illegal and b) the NFSW cannot
insist on its claim that its members are entitled to a 13th month pay in addition to
the bonuses already paid by CAC.