Case Digest (G.R. No. 67485)
Case Digest (G.R. No. 67485)
Facts:
National Congress of Unions in the Sugar Industry of the Philippines (NACUSIP)-TUCP v. Dir. Cresenciano B. Trajano, Bureau of Labor Relations, Ministry of Labor and Employment, Manila, Federation of Unions of Rizal (FUR)-TUCP and Calinog Refinery Corporation (NASUREFCO), G.R. No. 67485, April 10, 1992, First Division, Medialdea, J., writing for the Court.Petitioner NACUSIP-TUCP was the certified exclusive bargaining representative of the rank-and-file employees of Calinog Refinery Corporation (CARE FCO) when, on June 21, 1982, it filed a petition for bargaining deadlock with the Ministry of Labor and Employment. The parties agreed to submit the deadlock to compulsory arbitration on July 14, 1982 (docketed as RAB Case No. VI-0220-82).
On July 21, 1982, private respondent Federation of Unions of Rizal (FUR)-TUCP filed a petition for certification election with Regional Office No. VI, alleging substantial defections from NACUSIP-TUCP. Acting Med-Arbiter Pacifico V. Militante dismissed that certification petition on July 23, 1982 for lack of merit, holding it was barred by a pending bargaining deadlock. FUR appealed to the Bureau of Labor Relations; on September 30, 1982, Director Cresenciano B. Trajano set aside the Acting Med-Arbiter’s dismissal and remanded the matter to Regional Office VI for hearing.
An Executive Labor Arbiter certificate dated October 21, 1982 indicated that the deadlock petition (RAB Case No. VI-0220-82) had been forwarded for compulsory arbitration. On May 2, 1983, Med-Arbiter Demetrio Correa issued an order giving due course to FUR’s petition for certification election and directed that an election be held within 20 days; NACUSIP appealed that order to the Bureau of Labor Relations. During the pendency of the appeal, on September 10, 1983, a collective bargaining agreement (CBA) was executed between management and petitioner and later ratified by the rank and file; an award dated September 12, 1983 is mentioned as adopting the submitted agreement as the CBA.
On November 18, 1983, Director Trajano issued a decision “affirming with qualification” Med-Arbiter Correa’s May 2, 1983 order and ordered a certification election, while criticizing the inclusion of the company as a contending party. NACUSIP filed a motion for reconsideration, which the Director denied on March 21, 1984. Petitioner then filed a petition for certiorari before the Supreme Court seeking annulment of the Director’s decision. The Court issued a temporary restraining order on December 10, 1984 enjoining the conduct of the election scheduled for December 17, 1984, and the case was resolved by the Court’s April 10, 1992 decision now on record.
Issues:
- Did the respondent Director of the Bureau of Labor Relations act beyond his jurisdiction or commit grave abuse of discretion in affirming an order giving due course to a petition for certification election?
- May a petition for certification election be filed and entertained while a bargaining deadlock involving the incumbent bargaining agent has been submitted to conciliation or arbitration?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)