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Kiok Loy v.

NLRC Issue:
GR L-54334 Whether petit is guilty of unfair labor practice
Jurisdictional Requirements
HRPZ Ruling:
Yes. The SC stated that collective bargaining which is defined as
Doctrine: negotiations towards a collective agreement, is one of the
The mechanics of collective bargaining is set in motion only when democratic frameworks under the Labor Code, designed to stabilize
jurisdictional preconditions are present. the relation between labor and management. While it is a mutual
obligation of the parties to bargain, the employer, however, is not
Facts: under any legal duty to initiate contract negotiation. The mechanics
 The resp union won and was subsequently certified in a of collective bargaining is set in motion only when the following
resolution by the Bureau of Labor Relations as the sole and jurisdictional preconditions are present, namely:
exclusive bargaining agent of the rank-and-file employees of a. possession of the status of majority representation of the
Sweden Ice Cream Plant as represented by petit. employees' representative in accordance with any of the means of
 The resp union gave its proposed collective bargaining selection or designation provided for by the Labor Code;
agreement to petit. b. proof of majority representation; and
 It also requested petit for its counter proposals. c. a demand to bargain
 Both requests were ignored and remained unacted upon by the All of which preconditions are undisputedly present in the instant
petit. case. It has been established that resp union was a duly certified
 Thereafter, priv resp filed a "Notice of Strike", with the BLR on bargaining agent. Likewise, it made a definite request to bargain,
ground of unresolved economic issues in collective bargaining. accompanied with a copy of the proposed Collective Bargaining
 Conciliation proceedings then followed during the thirty-day Agreement, to petit not only once but twice which were left
statutory cooling-off period but all attempts towards an unanswered and unacted upon. Lastly, the Company made no
amicable settlement failed. counter proposal whatsoever all of which conclusively indicate lack
 The case was brought to the National Labor Relations of a sincere desire to negotiate. Thus, petit is guilty of unfair labor
Commission (NLRC) for compulsory arbitration. practice.
 Petit requested for a lot of postponements.
 NLRC ruled that petit is guilty of unjustified refusal to bargain, in
violation of Section (g) Article 248 (now Article 249), of P.D. 442,
as amended.
 Petit argues that the NLRC’s finding of unfair labor practice for
refusal to bargain is not supported by law.