This case has been cited 2 times or more.
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2011-06-15 |
PEREZ, J. |
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| Anent its period of effectivity, Article XIV of the imposed CBA provides that "(t)his Agreement shall be in full force and effect for a period of five (5) years from 1 December 1991, provided that sixty (60) days prior to the lapse of the third year of effectivity hereof, the parties shall open negotiations on economic aspect for the fourth and fifth years effectivity of this Agreement." [44] Considering that no new CBA had been, in the meantime, agreed upon by GMC and the Union, we find that the CA's Special Twentieth Division correctly ruled in CA-G.R. CEB-SP No. 02226 that, pursuant to Article 253 of the Labor Code, [45] the provisions of the imposed CBA continues to have full force and effect until a new CBA has been entered into by the parties. Article 253 mandates the parties to keep the status quo and to continue in full force and effect the terms and conditions of the existing agreement during the 60-day period prior to the expiration of the old CBA and/or until a new agreement is reached by the parties. [46] In the same manner that it does not provide for any exception nor qualification on which economic provisions of the existing agreement are to retain its force and effect, [47] the law does not distinguish between a CBA duly agreed upon by the parties and an imposed CBA like the one under consideration. | |||||
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2007-03-05 |
CHICO-NAZARIO, J. |
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| The assumption of jurisdiction by the SOLE over labor disputes causing or likely to cause a strike or lockout in an industry indispensable to the national interest is in the nature of a police power measure.[40] In this case, the SOLE sufficiently justified the assumption order, thus:The Hotel is engaged in the hotel and restaurant business and one of the de luxe hotels operating in Metro Manila catering mostly to foreign tourist groups and businessmen. It serves as venue for local and international conventions and conferences. The Hotel provides employment to more than 700 employees as well as conducts business with entities dependent on its continued operation. It also provides substantial contribution to the government coffers in the form of foreign exchange earnings and tax payments. Undoubtedly, a work stoppage thereat will adversely affect the Hotel, its employees, the industry, and the economy as a whole. | |||||