Case Summary (G.R. No. L-45513-14)
Factual Background
The case involves a petition to annul two Resolutions issued by Hon. Francisco L. Estrella concerning certification matters between unions at the Firestone Tire & Rubber Company. On June 21, 1973, a three-year collective bargaining agreement was certified between ALU and the Company, effective from February 1, 1973, to January 31, 1976. An extension to the agreement was agreed upon by ALU and the Company on February 1, 1974, extending its validity until January 31, 1977. However, this extension was not ratified by the employees nor was it submitted to the Department of Labor for certification.
Employee Resignation and Certification Requests
During the sixty-day period leading up to the original expiry of the bargaining agreement, a significant number of employees resigned from ALU, totaling 276 out of 400 rank-and-file employees. These employees subsequently petitioned for a certificate of registration in favor of FEU, which was granted on January 28, 1976. FEU then filed for a certification election on February 10, 1976, with support from 77% of the bargaining unit members.
Opposition from Respondents
In response, ALU filed a petition for cancellation of FEU's registration certificate, asserting that ALU was the certified bargaining agent at the time FEU's registration was granted. They argued that the existing collective bargaining agreement constituted a valid bar to a certification election. The Firestone Company also opposed the election request, claiming the petition was filed late after the expiration date.
Procedural History
On April 6, 1976, the Med-Arbiter granted FEU's petition for certification election. Both ALU and the Company appealed this decision. Director Carmelo C. Noriel later affirmed the Med-Arbiter's order on September 23, 1976. However, on January 25, 1977, Acting Director Estrella reversed the decision, citing a prejudicial question regarding FEU's legal personality and the existence of the collective bargaining agreement as barriers to conducting a certification election.
Legal Arguments and Contentions
Petitioner contended that the resolution of whether an existing contract barred a certification election should have been addressed by Estrella, asserting that the absence of such pronouncement rendered the cancellation of FEU's registration certificate baseless. Furthermore, FEU argued that the collective bargaining agreement's purported expiry date was invalid due to the lack of certification from the Department of Labor.
Administrative Actions Following the Resolutions
In the interim, ALU pushed for negotiations with the Company for a new collective bargaining agreement, which was entered into on April 1, 1977, after the expiration of the original agreement.
Bureau Decisions on Certification and Representationa
...continue readingCase Syllabus (G.R. No. L-45513-14)
Case Background
- The case revolves around a petition for direct certification or certification election filed by the Firestone Tire & Rubber Company Employees' Union (FEU) against the Hon. Francisco L. Estrella, Acting Director of the Bureau of Labor Relations, and the Associated Labor Union (ALU).
- The dispute centers on the legitimacy of a collective bargaining agreement between ALU and Firestone, which was set to expire on January 31, 1977, and the legal standing of FEU, which sought to represent the employees after a significant number disaffiliated from ALU.
- FEU's petition follows a series of resignations by employees from ALU and the issuance of its registration permit while it contends that the extension of the collective bargaining agreement was not legally valid.
Procedural History
- On June 21, 1973, the National Labor Relations Commission certified a collective bargaining agreement between ALU and Firestone effective from February 1, 1973, to January 31, 1976.
- A "Supplemental Agreement" was signed on February 1, 1974, extending the original collective bargaining agreement by one year; however, this extension was not ratified by the employees nor certified by the Department of Labor.
- On January 28, 1976, FEU received its Registration Permit No. 8571-IP and filed a petition for certification election with 77% of the bargaining unit's consent on February 10, 1976.
- ALU opposed this petition, claiming it had a pending petition for cancellation of FEU's registration and asserting that the existing collective bargaining agreement barred the election.
Key Issues
- The central issues include:
- Whether there was an existing collective bargaining agreement that barred