Facts:

The case revolves around a certiorari proceeding initiated by petitioners Airtime Specialists, Inc., Absolute Sound, Inc., Countrywealth Development Corp., Ad Planners & Marketing Counsellors, Inc., and Atlas Resources & Management Group against the Hon. Director of Labor Relations Pura Ferrer-Calleja, Labor Regulation Officer Eusebio Jimenez, Med-Arbiter Manases T. Cruz, and the labor organizations Samahan ng mga Manggagawa sa Asia (SAMA-ASIA) - FFW Chapter and Pinagbuklod ng Manggagawa sa Ataco (PMA) - FFW Chapter. The case was filed on December 29, 1989, and arose from petitions for direct certification and/or certification election filed by SAMA-ASIA and PMA on behalf of rank-and-file employees of the petitioners. These separate petitions aimed to consolidate the representation of the employees in a bargaining unit. The petitioners contested this by filing a motion to dismiss, arguing disaffiliation of employees and the ineligibility of signatories due to insufficien

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Facts:

1. Petitions for Certification Election:

   • On May 22, 1986, respondent unions Samahan ng mga Manggagawa sa Asia-FFW Chapter (SAMA-ASIA) and Pinagbuklod ng mga Manggagawa sa Ataco-FFW Chapter (PMA) filed separate petitions for direct certification and/or certification election on behalf of the regular rank-and-file employees of petitioners Airtime Specialists, Inc., Absolute Sound, Inc., Country-Wealth Development Corp., Ad Planners & Marketing Counsellors, Inc., and Atlas Resources & Management Group.
   • The five cases were consolidated.

2. Petitioners' Motion to Dismiss:

   • Petitioners filed a motion to dismiss the petitions on the grounds of:
     • Disaffiliation of rank-and-file employees from the unions.
     • Ineligibility of some signatories due to less than one year of service, resulting in non-compliance with the 30% consent requirement (now 20%).

3. Med-Arbiter's Order:

   • On March 9, 1987, the Med-Arbiter ordered a certification election among the rank-and-file employees of the petitioners. The order included:
     • Participation of SAMA-ASIA-FFW and PMA-FFW as unions.
     • An option for "No Union."
     • A pre-election conference to finalize election details.

4. Petitioners' Appeal:

   • Petitioners filed a motion for reconsideration, which was denied. They then filed a petition for Certiorari and Prohibition with a prayer for a temporary restraining order to halt the certification election.

5. Petitioners' Allegations:

   • Public respondents erred in considering employees with less than one year of service and probationary employees as qualified participants in the certification election.
   • Public respondents failed to consider disaffiliation and resignations from the petitioning unions and the company.
   • Public respondents misinterpreted the statutory consent requirement of 30% (now 20%) under the Labor Code.

Issue:

1. Whether employees with less than one year of service and probationary employees are qualified to participate in a certification election.
2. Whether disaffiliation and resignations from the petitioning unions affect the validity of the certification election.
3. Whether the Bureau of Labor Relations has absolute discretion to order a certification election even without the statutory consent requirement of 30% (now 20%).

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Conclusion:

The Supreme Court upheld the orders of the public respondents, emphasizing the importance of certification elections in determining the exclusive bargaining representative of employees. The Court rejected petitioners' arguments and affirmed that all rank-and-file employees, including probationary employees, are entitled to participate in certification elections. The alleged disaffiliations and resignations do not invalidate the petition but instead highlight the need for a certification election to resolve representation issues.