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DIVINE WORD UNIVERSITY OF TACLOBAN VS SECRETARY OF LABOR

GR. NO. 91915

FACTS:

On Sept 6, 1984 the med-arbiter certified the Divine Word University Empoyees Union as the

soe and e!c"sive bar#ainin# a#ent of the Divine Word University$ %he "nion s"bmitted its

proposas on &arch ', 198($ %he University)s repy re*"ested that a preiminary conference be

hed on &ay +8, 198($ efore the conference the . of the "nion resi#ned and /ithdre/ the

proposas hence the .0 /as canceed$

fter three years, the affiiate of the "nion, ssociated 2abor Union, re*"ested a conference /ith

the University for the p"rposes of contin"in# the bar#ainin# ne#otiations$ 3ot havin# heard from

the "niversity, a foo/ "p re*"est /as sent and /arned the "niversity from interference$ %he"niversity maintained it sience$

%he "nion thereafter fied a notice of strie on the #ro"nds of bar#ainin# deadoc and U2.,

ref"sa to bar#ain, discrimination and coercion$ 0onferences /ere hed after the fiin# of the

notice of strie and the parties came to an a#reement$

5t /as fo"nd ho/ever, that the "niversity fied for a petition for certification eection one ho"r

before the a#reement /as conc"ded$

%he "nion then s"bmitted proposas /hich /ere a#ain i#nored by the "niversity$ &arathon

conciiations /ere hed to no avai$

%he Sec of 2abor ass"med "risdiction and directed that a striin# /orers to report bac to

/or /ithin +4 ho"rs$

%he med-arbiter iss"ed an order directin# the cond"ct of the certification eection$ %o Which the

Sec of 2abor directed to hod in abeyance$ %he Sec of 2abor dismissed the cases of U2. fied by

the "nion and the "niversity$

ISSUE:

Whether or not certification eection can be hed after 0 /as a#reed "pon after ( years$

HELD:

n empoyer /ho is re*"ested to bar#ain coectivey may fie a petition for certification eection

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any time e!cept "pon cear sho/in# the e!istence of either7

1 petition is fied /ithin one year from the iss"ance of a fina certification eection res"t O

+ /hen a bar#ainin# deadoc had been s"bmitted to conciiation or arbitration or had become

the s"bect of a vaid notice of strie or oco"t$

Deadoc is the co"nteraction of thin#s prod"cin# entire stoppa#e7 a state of inaction or of

ne"trai:ation ca"sed by the opposition of persons or factions$ %here is a deadoc /hen there is

a compete bocin# or stoppa#e res"tin# from the action of e*"a and opposed forces$

%he records of the case sho/s that there /as no reasonabe effort at #ood faith bar#ainin# on the

part of the "niversity$

.roced"re7

1 proposa+ conference in case of differences

; conciiation

4 the parties are prohibited from e!ercisin# acts /hich /o"d impede or disr"pt the eary

settement of the case

( e!ert efforts for amicabe settement

%he "nion after s"bmittin# proposas /hich /ere i#nored by the "niversity, remained passive$

%echnicay, the "niversity has the ri#ht to fie the petition for certification eection as there /as

no bar#ainin# deadoc$