Case Summary (G.R. No. 77539)

Case Overview

• Petitioner: Associated Labor Unions (ALU)-TUCP
• Respondents: Hon. Cresenciano B. Trajano (Bureau of Labor Relations), Association of Democratic Labor Organization (ADLO), Mitsumi Philippines, Inc.
• Nature of Petition: Certiorari with prayer for temporary restraining order concerning a resolution for a certification election.

Background Facts

• The petitioner was the recognized collective bargaining representative for the rank-and-file employees of Mitsumi Philippines, Inc., under a collective bargaining agreement (CBA) effective from January 1, 1984, to December 31, 1986.
• A majority of employees petitioned for renewal of the CBA on October 22, 1986, but negotiations failed, leading to a declared deadlock.
• The petitioner filed a notice of strike on November 3, 1986, and subsequently went on strike on December 1, 1986.
• ADLO filed a petition for certification election on November 4, 1986, and a new CBA was ratified between the petitioner and the company on December 4, 1986.

Legal Principles Established

Certification Election

• A certification election is mandated to determine the exclusive bargaining representative of employees in a bargaining unit.
• The Labor Code (Article 258) states that a petition for certification election must be supported by at least 30% of the employees in the bargaining unit.

Key Details:

• The petitioner argued that a bargaining deadlock and valid notice of strike should preclude a certification election.
• The Bureau of Labor Relations found that the petition for certification election was timely and had sufficient employee support.

Contract Bar Rule

• According to the Omnibus Rules, a certification election petition cannot be entertained if a bargaining deadlock is under conciliation/arbitration or if there is a valid notice of strike before the petition is filed.

Important Requirements:

• A petition for certification election can only be filed within 60 days before the expiration of any existing CBA.
• The petition was deemed timely filed within the freedom period, despite the new CBA being negotiated.

Court’s Findings

• The court dismissed the petition for lack of merit, affirming that the Bureau of Labor Relations acted within its jurisdiction by ordering the certification election.
• The new CBA negotiated did not preclude the filing of the petition for certification election, as it was executed while a petition had already been filed.

Outcome

• Decision: The petition for certiorari was dismissed.
• Affirmation: The resolution of the Bureau of Labor Relations dated January 30, 1987, and the order dated February 24, 1987, were affirmed.
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Case Syllabus (G.R. No. 77539)

Case Background

• The case involves a petition for certiorari filed by the Associated Labor Unions (ALU)-TUCP against Cresenciano B. Trajano, the Officer-in-Charge of the Bureau of Labor Relations, and other respondents.
• This petition seeks to review a resolution dated January 30, 1987, which ordered a certification election among the rank-and-file employees of Mitsumi Philippines, Inc.
• The petitioner is the recognized collective bargaining representative of all rank-and-file employees of the company, with a collective bargaining agreement (CBA) effective from January 1, 1984, to December 31, 1986.

Facts of the Case

• The CBA stipulated that the agreement would last for three years, with a renegotiation to occur within sixty days before its expiration.
• On October 22, 1986, a majority of the employees petitioned for the renewal of the CBA, but negotiations failed, leading to a declared bargaining deadlock.
• A notice of strike was filed by the petitioner on November 3, 1986, and an actual strike commenced on December 1, 1986.
• Concurrently, on November 4, 1986, the rival union, ADLO, filed for a certification elec...continue reading