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 Employees Union as the
sole and exclusive bargaining agent of the Divine Word University. The union submitted its
proposals on March 7, 1985. The Universitys reply requested that a preliminary conference be
held on May 28, 1985. Before the conference the VP of the union resigned and withdrew the
proposals hence the PC was cancelled.
After three years, the affiliate of the union, Associated Labor Union, requested a conference with
the University for the purposes of continuing the bargaining negotiations. Not having heard from
the university, a follow up request was sent and warned the university from interference. The
university maintained it silence.
The union thereafter filed a notice of strike on the grounds of bargaining deadlock and ULP,
refusal to bargain, discrimination and coercion. Conferences were held after the filing of the
notice of strike and the parties came to an agreement.
It was found however, that the university filed for a petition for certification election one hour
before the agreement was concluded.
The union then submitted proposals which were again ignored by the university. Marathon
conciliations were held to no avail.
The Sec of Labor assumed jurisdiction and directed that all striking workers to report back to
work within 24 hours.
The med-arbiter issued an order directing the conduct of the certification election. To Which the
Sec of Labor directed to hold in abeyance. The Sec of Labor dismissed the cases of ULP filed by
the union and the university.
ISSUE:
Whether or not certification election can be held after CBA was agreed upon after 5 years.
HELD:
An employer who is requested to bargain collectively may file a petition for certification election

any time except upon clear showing the existence of either:

1) petition is filed within one year from the issuance of a final certification election result OR
2) when a bargaining deadlock had been submitted to conciliation or arbitration or had become
the subject of a valid notice of strike or lockout.
Deadlock is the counteraction of things producing entire stoppage: a state of inaction or of
neutralization caused by the opposition of persons or factions. There is a deadlock when there is
a complete blocking or stoppage resulting from the action of equal and opposed forces.
The records of the case shows that there was no reasonable effort at good faith bargaining on the
part of the university.
Procedure:
1) proposal
2) conference in case of differences
3) conciliation
4) the parties are prohibited from exercising acts which would impede or disrupt the early
settlement of the case
5) exert efforts for amicable settlement
The union after submitting proposals which were ignored by the university, remained passive.
Technically, the university has the right to file the petition for certification election as there was
no bargaining deadlock. However such right was forfeited by its inaction.