G.R. No. 65935 - Filinvest Credit Corp. vs. Intermediate Appellate Court

The dispute arises from a petition for a certification election filed by the private respondent, Federation of Free Workers (FFW-La Suerte Chapter), against the petitioner labor union.
The petition challenged the decision of the Bureau of Labor Relations, represented by Director Carmelo C. Noriel, regarding the certification election.

In February 1976, FFW-La Suerte Chapter filed a petition claiming that among a bargaining unit initially estimated at 3,500 employees, there were 1,068 signatories supporting the petition.
After filing, the employer submitted an updated list showing 4,055 rank and file employees. In response, an additional list containing 331 signatories was added by FFW, bringing the total to 1,399 signatories.

Petitioner argued that the petition failed to meet the requisite 30% consent threshold as required by Article 258 of the Labor Code when compared to the revised total of employees.
Petitioner also contended that the petition was filed beyond the sixty-day period allowed after the termination of the previously certified collective bargaining agreement, which had expired on December 5, 1975.

On April 6, 1976, Med-Arbiter Eusebio M. Jimenez issued an order denying a motion to dismiss the petition and ordered that a certification election be held.
An appeal was subsequently filed with respondent Noriel, who on October 23, 1976, issued an order denying the appeal.
Following a failed motion for reconsideration, the petitioner filed a petition for certiorari challenging the administrative decision.

Dispute over the number and validity of signatories: even if some entries were alleged to be falsified or improper, the remaining number would still clearly exceed the 30% requirement based on the updated employee roster.
The filing period: While petitioner argued that the petition was invalid for being filed after the expiration of the previous collective bargaining agreement, evidence showed no subsequent certified contract had been executed, thus leaving room for the election to be held under existing law.

Whether the certification election should proceed despite the alleged noncompliance with statutory requirements, specifically:

The failure to strictly comply with the thirty percent (30%) consent requirement stipulated by the Labor Code.
The filing of the petition beyond the sixty-day period after the expiration of the preceding collective bargaining agreement.

Whether respondent Noriel, in ordering the certification election, exercised his discretionary authority arbitrarily or improvidently.