FACTS: Petitioners and private respondents were faced with a bargaining deadlock. Petitioners then filed a notice of strike with the NCMB. Later, the union conducted a strike vote among its members and the results were submitted to the Alliance of Nationalist and Genuine Labor Organization for submission to the NCMB, but which was not made. Petitioners went on strike without the report of the strike vote submitted to the NCMB. Private respondents filed a petition to declare the strike illegal alleging that petitioners barricaded gates of private respondent and committed acts of violence, threats and coercion. Trial on the merits was conducted wherein Private respondent presented witnesses and evidence. Petitioners did not present any witness but instead relied on their memorandum contending that respondent’s evidence are inadmissible. The NLRC remanded the cause to the Labor Arbiter.
ISSUE: Whether or not the case was properly remanded and whether petitioner’s strike was illegal.
HELD: The Court is of the opinion that the NLRC committed grave abuse of discretion in remanding the case as the facts are already clear and complete. The records of the case and the proceedings before the Labor Arbiter confirm that the strike was illegal for failure to submit the strike vote to the NCMB and due to the acts of violence, threats and coercion committed during the strike. The requirements of procedural due process were complied with as both parties were allowed to present their witnesses and evidence, although petitioner opted instead to file a memorandum.
0 comments:
Post a Comment