Title
Benguet Electric Cooperative, Inc. vs. Ferrer-Calleja
Case
G.R. No. 79025
Decision Date
Dec 29, 1989
Employees of a cooperative, being co-owners, cannot form or join labor unions for collective bargaining; only non-member employees are eligible.

Case Digest (G.R. No. 79025)
Expanded Legal Reasoning Model

Facts:

  • Petition for Direct Certification
    • On June 21, 1985, Beneco Workers’ Labor Union-ADLO (BWLU-ADLO) filed a petition for direct certification as sole and exclusive bargaining representative of all rank and file employees of Benguet Electric Cooperative, Inc. (BENECO) at La Trinidad, Benguet, alleging:
      • BENECO employs 214 rank and file workers, of whom 198 (92.5%) support the petition.
      • No certification election in the past 12 months; no existing bargaining representative or collective bargaining agreement.
    • Opposition filed by BENECO Employees Labor Union (BELU), claiming:
      • It was certified by a med-arbiter order dated October 20, 1980.
      • Two pending NLRC cases on bargaining deadlock and unfair labor practice bar any representation question.
  • Med-Arbiter Proceedings and Certification Election
    • Med-arbiter’s September 2, 1985 order gave due course to the petition but limited voters to the 37 employees who were non-members and not owners of the cooperative. Appeals by BELU and BENECO were dismissed on March 25, 1986; BENECO’s certiorari (G.R. No. 74209) was likewise dismissed on April 28, 1986.
    • On October 1, 1986 a certification election was conducted:
      • BENECO protested inclusion of member-consumers, claiming only 4 non-members were eligible.
      • Eighty-three votes were cast, BELU garnered 49. A formal protest by BENECO was dismissed by the med-arbiter on February 17, 1987, and affirmed by BLR Director Ferrer-Calleja on June 23, 1987, certifying BELU as the exclusive bargaining agent.
  • Supreme Court Proceedings
    • BENECO filed a petition for certiorari against the BLR Director’s resolution, alleging grave abuse of discretion; the Solicitor General sided with BENECO.
    • On April 19, 1989, the Supreme Court gave due course to the petition and required submission of memoranda.

Issues:

  • Did the BLR Director commit grave abuse of discretion in certifying BELU as the sole and exclusive bargaining representative by allowing cooperative members (co-owners) to vote in and decide the October 1, 1986 certification election?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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