Case Digest (G.R. No. 96635)
Facts:
The case involves Atlantic, Gulf and Pacific Company of Manila, Inc. (hereinafter referred to as "AG&P"), the petitioner, against several respondents including Hon. Bienvenido E. Laguesma, Undersecretary of the Department of Labor and Employment, and Hon. Tomas F. Falconitin, Med-Arbiter of the Bureau of Labor Relations. The events leading to this case began on June 8, 1990, when AG&P executed a Collective Bargaining Agreement (CBA) with the AG&P United Rank & File Association (URFA), which represented all regular rank-and-file employees. This CBA was registered on July 9, 1990. Subsequently, on June 29, 1990, the private respondent, Lakas ng Manggagawa sa AG&P-SMSG-National Federation of Labor (LAKAS-NFL), filed a petition for a certification election to be recognized as the exclusive bargaining agent for the regular non-project employees of AG&P's Steel and Marine Structures Group at its Batangas Marine and Fabrication Yard (BMFY).
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Case Digest (G.R. No. 96635)
Facts:
Company Background:
- Petitioner Atlantic, Gulf and Pacific Company of Manila, Inc. (AG&P) is engaged in construction and fabrication businesses. Its Steel and Marine Structures Group (SMSG) operates in Batangas, where it fabricates steel structures and heavy marine works.
- AG&P hires project employees under Project Worker/Reliever Employment Agreements for specific projects with defined durations. Their employment terminates upon project completion unless rehired for unfinished projects.
Collective Bargaining Agreement (CBA):
- On June 8, 1990, AG&P executed a CBA with AG&P United Rank & File Association (URFA), the sole bargaining agent for regular rank-and-file employees. The CBA excluded project employees.
Petition for Certification Election:
- On June 29, 1990, Lakas ng Manggagawa sa AG&P-SMSG-National Federation of Labor (LAKAS-NFL) filed a petition for certification election to represent regular non-project employees at the SMSG site.
- On September 25, 1990, the Med-Arbiter ordered a certification election among regular project employees.
Regularization of Employees:
- On October 26, 1990, AG&P regularized 691 project employees effective November 1, 1990.
- A strike by remaining project employees led to an agreement on December 8, 1990, wherein AG&P agreed to regularize all project employees with at least one year of service.
- On December 6, 1990, URFA informed AG&P that 410 regularized employees had joined URFA.
Appeal and Motion for Reconsideration:
- AG&P appealed the Med-Arbiter’s order, arguing that the contract-bar rule applied and that the bargaining unit LAKAS-NFL sought to represent no longer existed due to the regularization of employees.
- The Department of Labor and Employment (DOLE) denied the appeal and motion for reconsideration.
Issue:
- Whether the contract-bar rule applies, preventing LAKAS-NFL from filing a petition for certification election due to the existence of a duly registered CBA between AG&P and URFA.
- Whether the regularization of project employees and their inclusion in URFA’s bargaining unit rendered the bargaining unit sought by LAKAS-NFL nonexistent.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)