Case Summary (G.R. No. L-51905)
Background Facts
The AFWU's petition was based on assertions that it had the written consent of over 30% of the employees, that there had not been any certification election in the workplace for over 12 years, and that the existing representative, ALU, had lost employees' trust. Following the filing of the petition, ALU intervened and sought to dismiss it, alleging the lack of requisite support among the workers and claiming that the signatures in support of the petition were invalid.
Initial Proceedings and Appeal
On March 23, 1979, the Med-Arbiter dismissed AFWU's petition, alleging insufficient support from the workers. The union appealed this dismissal, contending that the issues surrounding the validity of signatures could be resolved during a pre-election conference, which is normal practice where the election's mechanics are addressed.
Respondent's Order and Remand
On September 28, 1979, Director Noriel issued an order remanding the petition back to the Med-Arbiter for further evidence gathering. He criticized the Med-Arbiter's decision as lacking reasonable support and based on erroneous conclusions. Noriel noted substantial mathematical mistakes and inconsistencies in the findings related to the validity and number of signatures presented.
Legal Framework
The legal framework guiding this case includes Article 257 of the Labor Code, which mandates that once a petition for a certification election is filed with the necessary employee support, the Bureau of Labor Relations must conduct an election. The law states: "Upon receipt and verification... it shall be mandatory for the Bureau to conduct a certification election..." This directive emphasizes that the existence of proper support is the critical threshold for mandatory action by the labor authority.
Court's Analysis
The Court found that Noriel acted arbitrarily by remanding the case instead of ordering the election. It emphasized that the statutory 30% requirement need not be demonstrated with absolute certainty as long as a prima facie showing of support was evident, thus indicating a substantial desire among workers for an
...continue readingCase Syllabus (G.R. No. L-51905)
Case Background
- This case is a petition for certiorari and mandamus filed by the petitioner union, Atlas Free Workers Union (AFWU) - PSSLU Local, against the respondent Director of Labor Relations, Hon. Carmelo C. Noriel.
- The petitioner seeks to overturn the respondent's order to remand the case to the Med-Arbiter for further hearings, instead of granting the petition for holding a certification election submitted on December 14, 1978.
Context of the Petition
- The petition was aimed at determining the bargaining representative of approximately 7,000 rank-and-file workers of Atlas Consolidated Mining and Development Corporation.
- The petitioner asserted that it had secured authorization from at least 30% of the workers, that no other certification election petitions had been filed within the preceding 12 months, and that there was no legal impediment to the petition.
- It was highlighted that the existing collective bargaining agreement with the Associated Labor Union (ALU) was set to expire on December 15, 1979, and that the ALU had not conducted a certification election for over 12 years.
Intervention by Associated Labor Union (ALU)
- On January 18, 1979, ALU intervened to dismiss the petition, claiming that it was based on an insufficient number of valid signatures and that the allege