CLUB FILIPINO v. BAUTISTA RULING: the petition is hereby DENIED.

Effort to Bargain | 13 July 2009 | J. Corona

Nature of Case: Petition for Review on Certiorari NOTE:

Digest maker: Africa * A mere finding of the illegality of the strike should not be automatically followed by the
wholesale dismissal of the strikers from employment.
SUMMARY: Club Filipino Employees Association and petitioner entered into a CBA.
Despite the demand of the union, no negotiation happened for various reasons proffered by - In the first place, there was no illegal strike. Assuming there is, the officer will only be
petitioner. Union filed notice of strike on the ground of bargaining deadlock and failure to terminated upon knowingly participating in an illegal strike. Nowhere in the ruling of the
bargain. Petitioner filed a petition to declare the strike illegal. This was granted by LA on the labor arbiter can we find any discussion of how respondents, as union officers, knowingly
ground that the union filed to attach its written CBA proposal and the company’s participated in the alleged illegal strike
counterproposal. SC ruled that attaching counterproposal is not practicable since no
counterproposal was filed by petitioner.

DOCTRINE: In cases of bargaining deadlocks, notice shall, as far as practicable, further state
the unresolved issues in the bargaining negotiations and be accompanied by the written
proposals of the union, the counterproposals of the employer and the proof of a request for
conference to settle differences

FACTS:
1. Club Filipino Employees Association and petitioner entered into a CBA. Despite the
demand of the union, no negotiation happened for various reasons proffered by petitioner,
among which were that it did not reach quorum and that that the chairman of management
panel was ill.
2. Union filed notice of strike on the ground of bargaining deadlock and failure to bargain.
Later on, union conducted a strike vote under the supervisions of DOLE.
3. Petitioner filed a petition to declare the strike illegal. This was granted by LA on the
ground that the union filed to attach its written CBA proposal and the company’s
counterproposal. This was affirmed by NLRC, but was reversed by the CA, hence the
current petition.

ISSUE/S & RATIO:

1. WON strike was illegal. — NO
- In cases of bargaining deadlocks, notice shall, as far as practicable, further state the
unresolved issues in the bargaining negotiations and be accompanied by the written
proposals of the union, the counterproposals of the employer and the proof of a request for
conference to settle differences.
- In this case, union cannot be faulted for its omission of the counterproposal. It could not
have attached it as there was no such counterproposal. Therefore, it was not practicable, and
there was no procedural infirmity in the notice of strike.