Case Digest (G.R. No. 156596)
Facts:
The case originated from a petition filed by the Cebu Stevedores Association on March 8, 1954, with the Court of Industrial Relations, seeking a certification election to determine the appropriate collective bargaining unit for employees of Cebu Stevedoring Company, Inc., the respondent. The petition was accompanied by three other labor unions: the Democratic Labor Association, Cebu Trade Union, and Katubsanan Sa Mamumuo, all of which sought participation in the certification election. Due to disagreements between the parties regarding which union was appropriate to be the collective bargaining agency, hearings took place to assess the evidence of union membership and the proper bargaining unit. Subsequently, Judge Jose S. Bautista determined that the Democratic Labor Association should be the collective bargaining agent for all regular and permanent workers, as it had a greater representation of such employees compared to others. He noted that the Cebu Stevedores Association,
Case Digest (G.R. No. 156596)
Facts:
- Background and Filing of the Petition
- The Cebu Stevedores Association, a legitimate labor union, filed a petition for a certification election on March 8, 1954, with the Court of Industrial Relations.
- The purpose of the petition was to determine the proper collective bargaining unit to represent employees and laborers of Cebu Stevedoring Co., Inc.
- The petitioner’s filing triggered the intervention of three other labor unions—the Democratic Labor Association, the Cebu Trade Union, and the Katubsanan Sa Mamumuo—each asserting their right to participate in the certification election.
- Initial Adjudication and Trial Court Findings
- Judge Jose S. Bautista, designated to receive evidence, conducted the hearings to resolve disagreements on the proper collective bargaining unit and the union memberships.
- Based on the evidence, the trial court initially ruled:
- The Democratic Labor Association should be the collective bargaining agent for the regular and permanent employees, given its majority (128 out of 211 regular/permanent workers).
- The Cebu Stevedores Association, despite having more casual laborers among its members, was disqualified because it was initially found not to be registered under the law.
- The Katubsanan Sa Mamumuo was deemed to have waived its claim, purportedly in favor of the Cebu Stevedores Association.
- Accordingly, Judge Bautista ordered that:
- An election be held for the casual laborers wherein only two labor organizations—the Democratic Labor Association and the Cebu Trade Union—would be allowed to participate.
- Motions for Reconsideration and the En Banc Resolution
- Dissatisfied with the trial court’s decision, respondent Cebu Stevedoring Co., Inc., alongside the Cebu Stevedores Association and the Katubsanan Sa Mamumuo, filed motions for reconsideration.
- The motion challenged both the bifurcation of bargaining units (based on the workers’ terms of employment) and the exclusion of certain unions from the certification election.
- The en banc court, after a split vote (three in favor of revoking the order and two in favor of it), resolved by:
- Holding that the appropriate collective bargaining unit should be determined on an all-inclusive basis, encapsulating all employees irrespective of their employment status (regular, permanent, casual, or temporary).
- Recognizing errors in the trial court’s findings regarding:
- The registration status of the Cebu Stevedores Association, which was indeed valid after a renewed permit and Certificate of Registration issued on September 7, 1955.
- Based on evidence contrary to some trial court findings, the en banc court directed that:
- The Democratic Labor Association be declared the collective bargaining agent for the regular and permanent employees.
- Corporate and Employment Facts
- Cebu Stevedoring Co., Inc. is engaged principally in stevedoring—loading and unloading of cargoes from foreign ocean-going vessels—and secondarily in lighterage operations.
- The company employs two distinct groups of workers:
- Regular and permanent employees who work continuously, enjoy benefits (annual bonuses, sick leave, vacation leave, and overtime compensation ranging from 25% to 50%), and are paid on a periodic basis.
- Casual laborers (stevedores) who work on a daily basis, are paid daily, are frequently laid off, and receive 100% additional compensation for overtime work.
- Historical collective bargaining agreements dating from 1947, with subsequent renewals in 1950 and 1952, had previously unified the bargaining unit for all employees—forming a significant part of the backdrop in the present controversy.
Issues:
- Determination of the Appropriate Collective Bargaining Unit
- Whether the existence of two distinct sets of employees (regular/permanent versus casual/temporary) necessitates the creation of two separate bargaining units, as initially ruled by the trial court, or whether a single collective bargaining unit encompassing all employees is more proper.
- Validity and Participation of the Labor Unions in the Certification Election
- Whether the exclusion of certain labor unions—specifically the Cebu Stevedores Association (due to questions regarding its registration) and the presumed waiver by Katubsanan Sa Mamumuo—is justified, or whether all four unions (including the Democratic Labor Association and the Cebu Trade Union) should participate in the certification election.
- The Role of Prior Collective Bargaining History
- How the historical precedent of a unified collective bargaining agreement (from 1947 to 1952) impacts the determination of the appropriate bargaining unit, especially in light of the emergence of new unions with conflicting interests.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)