During the negotiations, the parties could not agree on the manner of computing the TIP, thus the need to undergo preventive mediation proceedings before the National Conciliation and Mediation Board (NCMB), Iloilo City.
Pursuant to the CBA, the parties commenced negotiations for the economic provisions for the remaining two years, i.e., SY2003-2004 and SY2004-2005. The CBA contained a "no strike, no lockout" clause and a grievance machinery procedure to resolve management-labor disputes, including a voluntary arbitration mechanism should the grievance committee fail to satisfactorily settle such disputes. Complementary to said provisions is Section 3 of Article VIII of the CBA providing for salary increases for School Years (SY) 2000-2003, such increase to take the form of either a lump sum or a percentage of the tuition incremental proceeds (TIP). On July 27, 2000, the parties entered into a 5-year CBA which, among other things, provided that the economic provisions thereof shall have a period of three (3) years or up to 2003. Petitioner Union is the duly recognized collective bargaining unit for teaching and non-teaching rank-and-file personnel of the University while the other individual petitioners are its officers. Respondent University of San Agustin (University) is a non-stock, non-profit educational institution which offers both basic and higher education courses.
It further vacated the SOLE's resolution of the economic issues involved in the case and directed the parties to resort to voluntary arbitration in accordance with the grievance machinery as embodied in their existing collective bargaining agreement (CBA). The assailed CA decision declared the strike conducted by the petitioner Union, illegal, and consequently, the co-petitioner union officers were deemed to have lost their employment status. 85317, reversing the Decision and Resolution of the Secretary of Labor and Employment (SOLE) dated Apand May 24, 2004, respectively.
By this petition for review on certiorari, petitioners University of San Agustin Employees' Union-FFW (Union) and its officers seek to reverse and set aside the Partially Amended Decision of the Court of Appeals (CA) dated Augin CA-G.R.SP No.
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