LABREL DIGEST PRELIM [Part 2]
Tagaytay Highlands International Golf Club Inc
- P appealed to the Office of the DOLE Sec and set aside the med arb's
vs
order, finding that: (absence of community or mutuality of interests)
Tagaytay Highlands Ees Union-PGTWO
1. R sought to represent 2 separate bargaining units (supervisory ees
and rank and file ees) and
Facts:
2. To represent ees of 2 separate and distinct corporate entities
- R is a legitimate Labor Organization representing majority of the rank
and file ees P
- Dole undersecretary: Dismissed the Resolution of Office of the Dole Sec
- R filed a Petition for Certification Election before the DOLE med arb unit
Issue:
- P opposed the Petition on the ground that the:
Whether or not the holding of the Petition for Cert Elec was
A. list of union members submitted by it was defective and fatally flawed
proper though there was alleged to be mixture of supervisory
because it included name and signatures of:
and rank and file ees - YES
1. Supervisors
2. Resigned
The statutory authority for the exclusion of supervisory employees in a
3. Terminated
rank-and-file union, and vice-versa, is Article 245 of the Labor Code, to
4. Absent without leave ees
wit:
5. Ees of the Country Club - corporation distinct and separate from P
Article 245. Ineligibility of managerial employees to join any
B. Out of the 192 signatories to the Petition, only 71 were actual rank
labor organization; right of supervisory employees. Managerial
and file ees
employees are not eligible to join, assist or form any labor
organization. Supervisory employees shall not be eligible for
C. List of union members were secured through fraudulent means
membership
because some ees denied and withdraw from participating in the
employees
Petition
organizations of their own.
- R asserted that:
in
but
labor
may
join,
organization
assist
or
of
form
the
rank-and-file
separate
labor
- Pizza Hut v. Ledesma
1. It was granted a Certification of Affiliation by DOLE which means it
The acquisition of rights by any union or labor organization,
complied with all the requirements for valid affiliation and inclusion in
particularly
the roster of legitimate labor organizations
election, first and foremost, depends onwhether or not the
Thus, med arb, pursuant to A.257 LC should order the conduct of a
Cert Elec, which it did
the
right
to
file
petition
for
certification
labor organization has attained the status of a legitimate labor
organization.
After a certificate of registration is issued to a union, its legal personality
ruling is instructive:
cannot be subject to collateral attack. It may be questioned only in an
independent petition for cancellation in accordance with Section 5 of
"[T]he best forum for determining whether there were indeed
Rule V, Book IV of the "Rules to Implement the Labor Code"
retractions from some of the laborers is in the certification
(Implementing Rules) which section reads:
election itself wherein the workers can freely express their
choice in a secret ballot. Suffice it to say that the will of the rank-
Sec. 5. Effect of registration. The labor organization or workers
and-file
employees
association shall be deemed registered and vested with legal
determined by secret ballot rather than by administrative or
personality on the date of issuance of its certificate of
quasi-judicial
registration. Such legal personality cannot thereafter be subject
election cases are not to be taken as contentious litigations for
to collateral attack, but may be questioned only in an
suits but as mere investigations of a non-adversary, fact-finding
independent petition for cancellation in accordance with
character as to which of the competing unions represents the
these Rules. (Emphasis supplied)
genuine choice of the workers to be their sole and exclusive
inquiry.
should
Such
in
every
possible
representation
and
instance
be
certification
collective bargaining representative with their employer."
The inclusion in a union of disqualified employees is not among the
grounds
for
cancellation,
unless
such
inclusion
is
due
to
misrepresentation, false statement or fraud under the circumstances
enumerated in Sections (a) and (c) of Article 239 of above-
As for the lack of mutuality of interest argument of petitioner:
Its failure to present substantial evidence that the assailed
employees are actually occupying supervisory positions.
quoted Article 239 of the Labor Code.
- Pepsi-Cola Products Philippines, Inc. v. Secretary of Labor:
THEU, having been validly issued a certificate of registration, should be
considered to have already acquired juridical personality which may not
Designation should be reconciled with the actual job description
be assailed collaterally.
of subject employees x x x
- The mere fact that an employee is designated manager does
As for petitioners allegation that some of the signatures in the
not necessarily make him one.
petition for certification election were obtained through fraud,
- Otherwise, there would be an absurd situation where one can
false statement and misrepresentation:
be given the title just to be deprived of the right to be a member
The proper procedure is for it to file a petition for cancellation of the
of a union.
certificate of registration, and not to intervene in a petition for
- In the case of National Steel Corporation vs. Laguesma (G. R.
certification election.
No. 103743, January 29, 1996), it was stressed that:
What is essential is the nature of the employees
Regarding
the
alleged
withdrawal
of
union
members
from
function and not the nomenclature or title given to
participating in the certification election, this Courts following
the job which determines whether the employee has rank-
and-file
or
managerial
status
or
whether
supervisory employee. (Emphasis supplied).
he
is
