Case Digest (G.R. No. 84433)
Facts:
Alexander Reyes, Alberto M. Nera, Edgardo M. Geca, and 138 Others v. Cresenciano B. Trajano, as Officer-in-Charge, Bureau of Labor Relations, Med. Arbiter Paterno Adap, and Tri-Union Employees Union, et al., G.R. No. 84433, June 02, 1992, Supreme Court Second Division, Narvasa, C.J., writing for the Court.The petitioners were 141 rank-and-file employees of Tri-Union Industries Corporation who were members of the Iglesia ni Kristo (INK). A certification election among the company's employees was authorized to be conducted by the Bureau of Labor Relations on October 20, 1987 to determine which of two labor organizations — Tri-Union Employees Union-Organized Labor Association in Line Industries and Agriculture (TUEU-OLALIA) and Trade Union of the Philippines and Allied Services (TUPAS) — would be the exclusive bargaining representative. Of 348 initially deemed qualified voters, 240 actually voted; among them were the 141 INK members.
The ballots permitted three choices (the two unions and a third, “NO UNION”). The official tally recorded: TUPAS 1; TUEU-OLALIA 95; NO UNION 1; SPOILED 1; and CHALLENGED 141 — the latter being the votes cast by the 141 INK members. Those challenged ballots were segregated and excluded pursuant to an agreement reached by the two contending unions at the pre-election conference that INK members should not be allowed to vote because they were not members of any union and had refused to participate in previous certification elections due to their religious beliefs.
The INK employees protested and filed a petition to cancel the election before the Med-Arbiter, alleging the election was not fair and did not reflect the employees’ true sentiments. The Med-Arbiter denied the petition by Order dated December 21, 1987, certified TUEU-OLALIA as sole and exclusive bargaining agent, and ruled that the petitioners lacked legal personality to bring the challenge because they were not parties to the petition for certification election. The petitioners appealed to the Bureau of Labor Relations. Assistant Labor Secretary Cresenciano B. Trajano, acting as Officer-in-Charge, denied the appeal in his Decision of July 22, 1988, reiterating that petitioners lacked legal personality and noting their nonparticipation in prior certification elections for religious reasons.
The petitioners then filed a special civil action for certiorari in the Supreme Court to annul Trajano’s decision. The Solicitor General expressed concurrence with...(Subscriber-Only)
Issues:
- Do the petitioners, as INK members and bona fide employees of the bargaining unit, have legal personality/standing to challenge the exclusion of their ballots and to seek annulment of the administrative decisions?
- Were the challenged ballots properly excluded and, as a substantive matter, did the petitioners have the right to vote (including for the choice “NO UNION”) and have their ballots canvassed and counted?
- Was the agreement at the pre-election conference (or the administrative rulings implementing it) to exclude the INK members from voting la...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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