On October 13, 1979, petitioner Samahang Manggagawa Ng Via Mare (SAMAVIM), a duly organized labor union, requested respondent corporation, Via Mare Catering Services and Food Specialties, Inc., to enter into a collective bargaining agreement therewith submitting proposals (Petition pp. 1-2).
Thereafter, petitioner twice reiterated its request to al respondents to negotiate a cove bargaining a respondent corporation allegedly terminated four (4) of petition's members (Petition, p. 2).
On November 19, 1979, petitioner filed a Notice of Strike with the Ministry of labor c that respondent corporation neither assented nor refused to bargain collectively and that t corporation harassed petitioner's union members (Petition, p. 2; ANNEX "A").
The Bureau of Labor Relations, of which respondent Honorable Carmelo C. Noriel is Director, assumed injunction over the labor dispute and through Med-Arbiter Roberto Landas, summoned petitioner and respondent corporation to a conference/hearing on November 20, 1979. At the scheduled conference/hearing before Med-Arbiter Landas, the parties arrived at the following agreement (Petition, p. 3; ANNEX "B")
Representative of management appeared and manifested that he will meet with counsel of the union tomorrow, 21 November 1979 at Via Mare at 8:00 a.m. to discuss when will (sic) top management will be available to discuss the terms and conditions of employment.
Counsel of management assured the union that Via Mare Catering Services and Food Specialties, Inc., will negotiate with the union. (Emphasis supplied)
On November 21, 1979, petitioner and respondent corporation entered into the following "Preliminary Agreement" (Petition, p. 3; ANNEX "C")
1. That they would meet on November 24, 1979, at 5:00 p.m., at Via Mare for the purpose of informing and determining from either party the CBA panelist and the schedule of negotiation;
2. That the initial negotiation shall be held, at the very earliest November 27, 1979 or November 28, 1979;
On November 24, 1979, petitioner and respondent corporation entered into the following 'Initial Agreement' (Petition, p. 4; ANNEX "D")
1. That management recognizes the fact that SAMAVIM (i.e., petitioner) is duly registered Union in the establishments and accepts the fact of their constitution;
2. That management panelist to the negotiation would be made known to the Union on November 27, 1979;
3. That after the panelist, Union and Management shall have met, which at the earliest shall be on November 28, 1979, and there shall negotiation on the proposed CBA be started;
Petitioner and respondent corporation met on November 27, 1979. But on that date, respondent corporation refused to negotiate a collective bargaining agreement as they had previously committed themselves. On November 28, 1979, therefore, petitioner's members staged a walk-out, duly informing the Bureau of Labor Relations thereof (Petition, pp. 4-5, ANNEX "E").
On November 29, 1979, respondent Noriel issued the following Return-To-Work Order (Petition, P. 5; ANNEX "F").
All striking workers of the Via Mare Catering Services & Food Specialties, Inc., are hereby ordered to return to work immediately and to desist from striking whether the strike is for cause or otherwise. The Management is likewise ordered to allow all workers to return to work under the same terms and conditions prevent previous to the work stoppage.
This order shall be without prejudice to whatever action any party might take under existing law, decree, rules and regulation.
Petitioner and respondent corporation were also ordered by Med-Arbiter Victorians Calaycay to appear before the Bureau of Labor Relations on December 3, 1979. In the meantime, petitioner's members returned to work (Petition, p. 6).
On December 3. 1979, before the Bureau of Labor Relations, petitioner and respondent corporation entered into an agreement (Petition, p. 5; ANNEX "G") which provided among other things, the following:
1. There will be a consent election;
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6. That the parties will meet on December 17, 1979 to determine the eligible voters and date of election.
However, on December 4, 1979, respondent corporation through their General Manager, respondent Glenda R. Barreto terminated seventy three (73) union member after having allowed them to work for one day, without prior from the Ministry of Labor, and employed other persons to rep the terminated union members (Petition, pp. 5-6).
On December 4, 1979, petitions filed a motion to cite the private respondents in contempt for alleged violation of respondent Noriel's Return-To-Work Order, alleged union-busting activities, and alleged bad faith in dealing with petite (Petition, p. 6; ANNEX "H").
Pursuant to a summon, petitioner and respondent corporation appeared before Med-Arbiter Victorians Calaycay on December 5, 1979. On that date, respondent corporation, through counsel stated that the terminated employees will be reinstated and that the date of their re-acceptance will be known at the hearing which was set on December 7, 1979 (Petition, p. 6).
Respondent corporation's counsel did not appear at the hearing on December 7, 1979, thus prompting petitioner to ask for the resolution of its motion to declare private respondent in contempt. Respondent Noriel was, however, at that time in Hongkong upon his to the Philippines, he allegedly refused to act on the motion on the ground that he had lost j on over the labor dispute with the filing on the part of respondent corporation of an application to dear the tion of seventy-three (73) of petitioner's members. According to respondent Noriel jurisdiction over the case now file with the Honorable Director Francisco Estrella, Regional IV, National Capital Region, who takes cognizance of such applications (Petition, p. 7).
Petitioner further alleges that on or about November 27, 1979, respondent corporation filed a 'Petition For Certification Elections' before the Bureau of Labor Relations, which petition was d as LRC-M-515-79, but remains unserved on petitioner (Petition, p. 7).
