01 BUKLURAN NG MANGGAGAWA SA CLOTHMAN
KNITTING CORPORATION — SOLIDARITY OF UNIONS IN
THE PHILIPPINES FOR CORPORATION — SOLIDARITY OF
UNIONS IN THE PHILIPPINES FOR EMPOWERMENT AND
REFORMS (BMC-SUPER), et al. v. CA
G.R. No. 158158, January 17, 2015, Ortega
Doctrine/s: [BOLD in Held]
Facts:
1. Clothman Knitting Corporation (CKC) is a domestic
corporation engaged in knitting/textiles.
2. Bukluran ng Manggagawa sa Clothman Knitting
Corporation — Solidarity of Unions in the Philippines
for Empowerment and Reforms (Bukluran; herein
petitioner union) is one of the LLOs (union) of the rank
and file employees of CKC
3. March 2, 2001 - Pending the resolution of a petition for
CE filed by Bukluran, a Memo was issued by CKC,
informing the employees of the change in schedule
brought about by the decrease in the orders of the
customers
4. March 10 – another Memo was issued by CKC
informing the employees of the Dyeing and Finishing
Division that a temporary shutdown of the operations
therein would be effected for one week (March 12 – 17)
5. However, since CKC was unable to solve its financial
problems, it decided to temporarily shut-down its
operations at the Dyeing and Finishing Division, until
further notice. It notified the DOLE of the said shutdown
on May 26, 2001. Note, however, that the operations of
the OTHER divisions of the CKC remained normal.
6. June 11 - While CKC’s service truck was about to
deliver fabric in Bulaca, the group of Raymond
Tomaray (also petitioners here; Tamoray is the
president of Bukluran) approached the truck and
blocked its wat. As a result, he driver of the service
truck decided to return to the respondent's compound.
7. Later that day, the Tomaroy group staged a picket in
front of CKC’s compound, carrying placards with
slogans (Containing: “Ibalik ang pasok sa Finishing
Department; “Huwag mong ipitin ang mid-year, 13th
month pay ng mga manggagawa sa CKC. BMC-
SUPER”, etc.)
8. June 14 - 23 members of Bukuran gathered in front of
CKC’s compound carrying the same placards
 They also did this from June 15 – 18, with other
supporters of Bukluran
9. So, CKC filed a petition to declare the strike illegal
before the arbitration branch of the NLRC, alleging that
the above-mentioned acts of Bukluran’s members
constituted an illegal strike, because it was not able
accomplish the requirements needed to conduct a
strike, and also because their acts resulted in losses
for CKC.
10. LA Ruling: For CKC; the strike was illegal, and the
union officers who participated therein as named in the
complaint should rightly be terminated.
11. NLRC Ruling: Dismissed the appeal; ruled for CKC
12. CA Ruling: Dismissed the appeal; ruled for CKC
13. Contention of Bukluran, et al: THAT it could not have
staged a strike because the operations at the Dyeing
and Finishing Division were temporarily stopped (that it
could not have caused a stoppage of work since its
operations were already stopped)
Issue/s:
1. W/N this petition by Bukluran should be dismissed
because the certification for non-forum shopping was
only signed by Tomaray? (YES. Tomaray had no
authority to sign the certification in behalf of the other
petitioner officers of Bukluran)
2. W/N Bukluran, et al. staged an illegal strike? – YES
Held:
1. YES. Bukluran, along with its supporters (like those
from the knitting department), staged a strike without
complying with the requirements in LC and its IRR.
2. A strike is any temporary stoppage of work by the
concerted action of employees as a result of an
industrial or labor dispute. A labor dispute includes
any controversy or matter concerning terms or
conditions of employment or the association or
representation of persons in negotiating, fixing,
maintaining, changing or arranging the terms and
conditions of employment, regardless of whether the
disputants stand in the proximate relation of employer
and employee.
3. Their act caused a temporary work stoppage as a
result of an industrial dispute. This is evidenced in the
spot reports of the Atlantic Security & Investigation
Agency for June 12 – 18 (talked about how the strike
was conducted and about the blockage done)
4. The allegation that there can be no work stoppage
because the operation in the Dyeing and Finishing
Division had been shut-down is of no consequence. It
bears stressing that the other divisions were fully
operational. There is nothing on record showing that
the union members and the supporters who formed a
picket line in front of the CKC's compound were
assigned to the finishing department. As can be clearly
inferred from the spot reports, employees from the
knitting department also joined in picket. The blockade
of the delivery of trucks and the attendance of
employees from the other departments of the
respondent meant work stoppage. The placards that
the picketers caused to be displayed arose from
matters concerning terms or conditions of employment
as well as the association or representation of persons
in negotiating, fixing, maintaining, changing or
arranging the terms and conditions of employment.
Clearly, Bukluran, its officers, members and supporters
staged a strike.
5. In order for a strike to be valid, the following
requirements laid down in paragraphs (c) and (f) of
Article 263 [now 178] of the Labor Code must be
complied with:
(a) a notice of strike must be filed;
(b) a strike-vote must be taken; and
(c) the results of the strike-vote must be
reported to the DOLE.
It bears stressing that these requirements are
mandatory, meaning, noncompliance therewith makes
the strike illegal. The evident intention of the law in
requiring the strike notice and strike-vote report is to
reasonably regulate the right to strike, which is
essential to the attainment of legitimate policy
objectives embodied in the law. Considering that the
petitioner union failed to comply with the aforesaid
requirements, the strike staged on June 11 to 18 is
illegal. Consequently, the officers of the union who
participated therein are deemed to have lost their
employment status
IN LIGHT OF ALL THE FOREGOING, the petition is DENIED.
The Resolutions of the Court of Appeals in CA-G.R. SP No.
73353 are AFFIRMED. No costs. SO ORDERED.
[Dispositive Portion]