Case Digest (G.R. No. 160352)
Facts:
Republic of the Philippines represented by the Department of Labor and Employment (DOLE) v. Kawashima Textile Mfg., Phils., Inc., G.R. No. 160352, July 23, 2008, Supreme Court Third Division, Austria‑Martinez, J., writing for the Court.On January 24, 2000, the Kawashima Free Workers Union‑PTGWO Local Chapter No. 803 (KFWU) filed a petition for a certification election with DOLE Regional Office No. IV to represent a bargaining unit of 145 rank‑and‑file employees of Kawashima Textile Mfg. Phils., Inc. The petition was supported by a Certificate of Creation issued January 19, 2000 and other documentary proofs of KFWU’s registration/creation. Respondent employer filed a motion to dismiss, contending that KFWU’s membership included supervisory employees in violation of Article 245 of the Labor Code and that KFWU failed to submit books of account, invoking precedent such as Progressive Development Corporation v. Secretary, DOLE.
Med‑Arbiter Anastacio L. Bactin, in an Order dated May 17, 2000, granted the motion to dismiss, finding at least two named members to be supervisory employees and holding that the commingling of supervisory and rank‑and‑file members rendered the union without requisite legal personality to file a certification petition; he relied on Toyota Motor Philippines Corp. v. Toyota Motor Philippines Corp. Labor Union and Dunlop Slazenger (Phils.), Inc. v. Secretary of Labor and Employment. On that basis respondent employer also filed a Petition for Cancellation of KFWU’s charter/registration with DOLE Regional Office No. IV.
KFWU appealed the Med‑Arbiter’s Order to DOLE central office. By Decision dated August 18, 2000, DOLE reversed the Med‑Arbiter, ordered immediate conduct of a certification election and directed the employer to submit certified lists of employees; DOLE held that the presence of supervisory members did not ipso facto strip the organization of legal personality under the implementing rules in force and that failure to file books of account was not ground to dismiss a certification petition. DOLE denied respondent’s motion for reconsideration in a Resolution dated September 28, 2000.
Respondent appealed to the Court of Appeals (CA). The CA, in a December 13, 2002 Decision, reversed DOLE, holding that a union composed of both rank‑and‑file and supervisory employees cannot qualify as a legitimate labor organization and reinstated the Med‑Arbiter’s dismissal order; the CA denied reconsideration on October 7, 2003. The Republic (DOLE) filed the present petition for review on certiorari under Rule 45 seeking reversal of the CA and reinstatement of DOLE’s...(Pro-only)
Issues:
- May an employer, not having requested to bargain collectively, collaterally attack a duly registered labor organization’s legitimacy and oppose a petition for certification election by filing a motion to dismiss?
- Was the presence of supervisory employees among KFWU’s members, when the petition was filed on January 24, 2000, a ground to dismiss the petition for certification election under the law and...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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