Davao City – RB11 Conciliator-Mediator Aerrine Marie Reyes has settled the labor dispute between parties Union of San Pedro College Faculty and San Pedro College, Davao City on June 19, 2015.
“To foster harmonious relationship and in the spirit of industrial peace, the parties finally settles this case,” said ConMed Aerrine Marie Reyes who handled the case.
On April 30, 2015, the Union filed a preventive mediation case against its employer on the ground of unfair labor practice (ULP) due to refusal of the management to bargain.
The case was then docketed as RCMB-XI-DDS-PM-04-011-2015.
The issue raised by the Union is in connection to its demand to commence the negotiation of the first CBA through its letter-request dated April 7, 2015 with copies of the proposed Ground Rules and provisions of the Collective Bargaining Agreement (CBA) duly certified by DOLE-RO XI as Sole and Exclusive Bargaining Agent (SEBA) on March 28, 2014.
On April 8, 2015, though the management acknowledged receipt of the Union’s letter, it stated that it has a pending petition with the Court of Appeals questioning the status as well as the legitimate bargaining agent of the academic personnel.
Thus, it is not yet the most opportune time to sit down with the Union for purposes of collective bargaining.
After series of conciliations, both parties finally settled and agreed that they will sit down and bargain without prejudice to the outcome of the pending petition of San Pedro College at the Court of Appeals questioning the legitimate status of the Union as SEBA of regular faculty.
Secondly, should the decision of the Court of Appeals is favorable to the Union while the negotiation is still on-going, and/or after the negotiation, the management will no longer pursue the case and whatever CBA concluded shall start to take effect.
Thirdly, should the decision of the Court of Appeals is favorable to the management, implementation of whatever concluded CBA shall be suspended until final determination by the Supreme Court of any petition that may be filed by the Union.
In the event that the Supreme Court decision is favorable to the Union, whatever other economic benefits negotiated under the CBA shall, therefore, be given retroactive effect except those which were already given out during the period of the CBA was deferred.
Fourthly, should the negotiation turned out to be reasonable prior to any CA decision, the management shall withdraw the petition.
Union of San Pedro College Faculty, affiliated with Association of Democratic Labor Union-Kilusang Mayo Uno (ADLU-KMU), represents 41 college faculty members for collective bargaining purposes and was led by Ms. Amelia Sagaral, union president.
Moreover, San Pedro College, popularly known for its nursing course, was founded in 1956 and was run by Dominican Sisters of the Trinity from Quebec, Canada. It was represented by Sr. Annabelle Roña, OP, school president.# (Dennis M. Galorio, LIO)