Title
La Suerte Cigar and Cigarette Factory vs. Director, Bureau of Labor Relations
Case
G.R. No. L-55674
Decision Date
Jul 25, 1983
The Supreme Court affirms that 14 local union members are independent contractors and validates the dismissal of the certification election petition following the voluntary withdrawal of support by 31 members.
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Case Digest (G.R. No. L-55674)

Facts:

  • The case involves La Suerte Cigar and Cigarette Factory (petitioner) and various respondents, including the Director of the Bureau of Labor Relations and labor unions.
  • On April 7, 1979, the local union was granted chapter status by NATU.
  • On April 16, 1979, thirty-one members withdrew their membership from NATU.
  • On April 18, 1979, the local union and NATU filed a petition for direct certification, claiming 48 out of 60 sales personnel were union members, supported by 75% of the sales force.
  • The petitioner contested the petition on June 13, 1979, arguing it lacked the necessary 30% support due to the withdrawal of the thirty-one members and that fourteen alleged union members were independent contractors.
  • The local union argued that the fourteen were employees under the company's control.
  • On August 29, 1979, the Med-Arbiter dismissed the petition, agreeing that the fourteen were independent contractors.
  • The local union's motion for reconsideration was initially denied, but the Director of the Bureau of Labor Relations later reversed the Med-Arbiter's decision.
  • The petitioner sought to set aside this resolution, leading to the current case.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court ruled that the fourteen dealers are independent contractors, not employees of the petitioner.
  • The Court held that the withdrawal of the thirty-one members prior to the filing of the petition was valid and affected the 30% requirement.
  • ...(Unlock)

Ratio:

  • The Supreme Court's decision was based on the interpretation of dealership agreements between the company and the fourteen dealers.
  • The Court applied the "control test" to determine the employer-employee relationship, noting that lack of control over work methods indicates independent contractor status.
  • The agreements defined the relatio...continue reading

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