KIOK LOY v.

NLRC
FACTS:
Following the accreditation of Pambansang Kilusang Paggawa (Union) to be the
Swedish Ice Cream Plants (Company) collective bargaining agent for their Rank and
File, the Union initiated its collective bargaining with the Company by furnishing
them copies of their proposed agreement and requested for the Companys counter
proposals. Failing to submit a reply, the Union furnished another request of which
was also ignored, prompting the Union to seek the help of the BLR.
The BLR then requested both parties to submit their position papers of which only
the Company failed to submit their own, and even requested to postpone their
submission twice. The Company finally submitted its position paper after the second
postponement. The hearing was then scheduled but a representative of the
Company sought to be examined failed to appear. The Company requested yet
another postponement but NLRC denied, furnishing its decision declaring the
Company GUILTY of UNJUSTIFIED REFUSAL TO BARGAIN.
The Company now questions the ruling claming among others that they are denied
due process of the law and the respondent NLRC acted with grave abuse of
discretion
ISSUE:
W/N The Company is guilty of unjustified refusal to bargain
HELD:
The court shows two essential doctrines. First, the collective bargaining is deemed
initated when (1) the Union representing is recognized pursuant to the provisions of
the labor code, (2) majority representation, and (3) a demand to bargain. All of
which are present in this case.
Second, unfair labor practice is committed when the employer did not even bother
to furnish a reply when given a collective bargaining proposal. It is not essential that
both parties must come into agreement, only that negotiations take place. In the
case at bar, the Company clearly shows neglect to bargain with the behaviour it
demonstrated even before the NLRCs decision. The Companys refusal to furnish a
reply to the proposal has shown this court that the Company is not willing to
conduct negotiations.
WHEREFORE, the petition is dismissed