Republic of the Philippines

Department of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION

National Capital Region
Arbitration Branch
Quezon City
THE COMPANY, INC.,
Complainant,
-versus-

NLRC NCR Case No. ______________

COMPANY, INC. EMPLOYEES

ASSOCIATION,
Respondent.
x-----------------------x

PETITION TO DECLARE STRIKE ILLEGAL

Complainant through the undersigned counsel and unto this Honorable Office
respectfully submits this petition to declare the on-going strike at THE COMPANY, INC. as
Illegal and avers:
THE PARTIES

1. The complainant is a non stock non profit corporation duly organized in accordance with
the laws of the Republic of the Philippines with address at 456 Long Avenue, Makati City,
and herein represented by its President, John Pedro;
2. Respondent is a duly registered union in accordance with Philippine Laws with address at
72 Paredes St., Quezon City, where they are presently holding their pickets and herein
represented by its officers comprising of the following, to wit:
XXX
THE FACTS
3. That sometime in April 2001, while the parties are still in the process of negotiating for
the new Collective Bargaining Agreement (CBA), herein respondent filed a Notice of
Strike1 based on an issue of FAILURE TO BARGAIN brought about by their then failure to
receive the economic counter proposal of herein complainant brought about by some
medical predicaments of the Chairman of the Management Panel in the person of Mr.
Salvador Arinto which incapacitated him for a while. Said Notice of Strike was received by
the complainant company on April 16, 2001;
4. That subsequently a strike vote balloting was held for the very same issue of REFUSAL TO
BARGAIN due to their failure to receive the economic counter proposal of the
management on the ongoing CBA negotiation;
5. That due to the able intervention of the National Conciliation and Mediation Board (NCMB)
of the Department of Labor and Employment (DOLE), herein complainant caused the
service upon the respondents the second part of its proposal representing the economic
issues of the CBA on May 11, 2001 2, thus rendering the issue of the filed Notice of Strike
moot and academic;

1
2

Copy of Notice of Strike attached as Annex A

Copy of Management Proposal on economic issues attached as Annex B

_________ vs. _________ Employees Association

PETITION TO DECLARE STRIKE ILLEGAL

Page 2 of 2

6. On May 16, 2001, the respondent union through its President, Vice President and
Secretary, issued a letter addressed to the Management submitting its IMPROVED
PROPOSAL3 for which negotiation has revolved;

7. That while the negotiation is still on-going and without sufficient notice, the union staged
a strike starting on May 26, 2001 at exactly 5:00 a.m. raising as an issue the CBA
BARGAINING DEADLOCK4;
8. That such strike, having been premised on a CBA DEADLOCK has not complied with the
procedural requirements set by law more the filing of a NOTICE OF STRIKE for the issue
of such deadlock as well the 30 day cooling-off period as required by Article 263 (c) of the
Labor Code as amended;
9. Neither was the requirement for a strike vote observed as mandated by Article 263 (f) of
the Code to be taken on the grounds has been used as a reason for the strike which in this
case is CBA DEADLOCK, nor the requirement of its report to DOLE which by law has to be
made at least seven days before the intended strike;
10. That such failure to observe the procedural requirements of the law is expressly
prohibited by Article 264 (a) of the Labor Code and therefore illegal;
11. That such illegality has been heightened by the following specific violations committed by
the striking workers, to wit:
a) By preventing other co-workers from entering and leaving the premises by
their illegal blockade of the companys ingress and egress as well as their
coercion and intimidation of these personnel in direct violation of Article
264 (e) of the Labor Code as amended5;
b) By directly sabotaging the operations of the complainant company by their
illegal cut-off of its electricity and water supply on the first day of their
strike, which did not only paralyzed the operations of the Club but likewise
put to waste all the food reserves stocked in the freezers costing huge
amount of money.

PRAYER
IN VIEW OF THE FOREGOING, it is most respectfully prayed that a resolution be made
declaring the on-going strike held by the respondents starting on May 26, 2001 as illegal.
It is further prayed that upon the declaration of the illegality of strike, all the union
officers who have all been participants in such strike be declared to have lost their
employment status pursuant to Article 264 (a) of the Labor Code as amended
Other relief and remedies just and equitable are also prayed for.
Greenhills, San Juan, Metropolitan Manila for the City of Manila Philippines.
_______________.

LAW & ASSOCIATES

Counsel for Petitioner
3

Copy of letter containing the unions improved offer attached as Annexes C and C-1
Copy of picture of strike streamers attached as Annex D
5
Affidavits of affected workers attached as Annex E and incident report of the guards
attached as Annex F
4