Case Digest (G.R. No. 75724)
Facts:
Western Agusan Workers Union-Local 101 of the United Lumber and General Workers of the Philippines (WAWU-ULGWP Local 101) v. Cresenciano B. Trajano et al., G.R. No. 75724, May 06, 1991, Supreme Court Third Division, Bidin, J., writing for the Court.The dispute arose among competing labor organizations over representation of the rank-and-file employees of Nasipit Lumber Company (NALCO) and Philippine Wallboard Corporation (PWC) (collectively NALCO-PWC). Petitioner is WAWU-ULGWP Local 101 (often called WAWU), a duly registered local union affiliated with the national United Lumber and General Workers of the Philippines (ULGWP). Private respondent Western Agusan Workers Union (KMU-WAWU) denotes a group of members who purportedly disaffiliated from ULGWP. Respondent Philippine Transport and General Workers' Organization (PTGWO) is a rival national labor organization.
On May 9, 1985 PTGWO filed a petition for a certification election, alleging at least thirty percent support among the rank-and-file and attaching some 612 signatures. WAWU opposed, claiming the 30% requirement was not met and that many signatures were forged; WAWU also asserted that its alleged disaffiliation from ULGWP did not extinguish its legal personality and sought to enjoin NALCO from further check-off deductions in favor of ULGWP. ULGWP replied that the disaffiliation vote was void, that the federation had reorganized its local and remained the proper compulsory intervenor, and claimed entitlement to the check-off dues. On July 8, 1985 NALCO filed a motion for interpleader to hold the contested dues.
On August 9, 1985, Med-Arbiter Rodolfo S. Milando granted PTGWO’s petition for certification election, declared WAWU’s disaffiliation from ULGWP meritorious and valid, denied NALCO-PWC’s interpleader motion, and designated the contending organizations (PTGWO, WAWU, ULGWP) and "No Union" to participate. WAWU appealed to the Director of the Bureau of Labor Relations (BLR). On March 31, 1986 the BLR Director Cresenciano B. Trajano affirmed the Med-Arbiter’s order; a motion for reconsideration was denied on July 11, 1986. Petitioner then sought relief in this Court by way of a petition for certiorari with preliminary injunction.
The Supreme Court Second Division issued a temporary restraining order (TRO) on September 5, 1986 and required respondents to comment. Despite the TRO, a certification election was in fact conducted on September 6, 1986; WAWU later averred that voting occurred peacefully and that early canvassing of some precincts showed a marked trend favoring WAWU, although final canvassing was interrupted by the late service of the TRO. The Solicitor General filed a comment; respondents and petitioner filed further pleadings, including WAWU’s supplemental comment attaching a certification by...(Subscriber-Only)
Issues:
- Is the petition moot and academic such that it should be dismissed?
- Should a certification election be held at the employer corporations to determine the exclusive bargaining representative?
- Was the disaffiliation vote of 429 WAWU members sufficient to effect disaffiliation from ULGWP, and should the employer be ordered to withhold check-off and per capita dues in a spe...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)