Case Summary (G.R. No. 418)
Background Facts
The case at hand arises from a petition for review on certiorari against the decisions of Undersecretary of Labor and Employment Bienvenido Laguesma, which mandated a certification election among employees of the Permex Producer and Exporter Corporation (Permex Producer). On January 15, 1991, a certification election held among the employees demonstrated a majority (466 votes) choosing "No Union," contrary to the National Federation of Labor (NFL), which garnered 235 votes. Subsequently, employees of Permex Producer formed the SMP, registering with the Department of Labor and Employment (DOLE) on March 11, 1991. After showing significant employee support, the union was recognized by Permex on October 19, 1991, and a collective bargaining agreement (CBA) was ratified in December 1991.
Legal Proceedings
Following the submission of documents to recognize the SMP as the exclusive bargaining representative, the NFL petitioned for a certification election, which was dismissed by Med-Arbiter Edgar B. Gongalos in an order dated August 20, 1992. This decision was appealed by NFL to the Secretary of Labor, resulting in the issuance of an order on October 8, 1992, that set aside the Med-Arbiter's order and called for a certification election with three choices: NFL, SMP, or No Union. Petitioner SMP sought reconsideration of this order, which was subsequently denied on November 12, 1992, leading to the present petition.
Arguments of the Petitioners
The petitioners contend that they had been recognized by the majority of employees as their sole collective bargaining representative. They argue that an employer may either voluntarily recognize a union or, if declined, receive a petition from the employees for a certification election. By referencing the ruling in Ilaw at Buklod ng Manggagawa v. Ferrer-Calleja, the SMP asserts that recognizing them constituted proper action since they had a claim of supporting majority.
Consideration of Certification Elections
In response to the petitioners' claims, the discussion emphasized the importance of conducting elections to ascertain employees' preferences genuinely. The ruling in Ilaw at Buklod ng Manggagawa highlighted that the employer lacks the authority to certify a union as the exclusive representative of the employees. The ruling also noted that an employer must refrain from declaring a union as a representative if there is a prior election with a clear outcome displaying employee choice against union representation within the year preceding the new recognition.
Doubts about Majority Support
The court expressed skepticism about the credibility of the SMP's claimed support, noting that the recognition by Permex came less than a year following the employees' rejection of union representation in the prior election. Affidavit claims indicated possible coercion among employees regarding their support for the SMP, causing credible doubt about the integrity and legitimacy of the union's majority claim.
The Contract-Bar Rule
The petitioners further invoked the contract-bar rule, arguing that petitions for a certification election could only be filed within 60 days prior to the expiration of an existing collective bargaining agreem
...continue readingCase Syllabus (G.R. No. 418)
Case Citation
- G.R. No. 107792
- Date of Decision: March 02, 1998
- Court: Supreme Court of the Philippines, Second Division
- Reporter Citation: 350 Phil. 342
Background of the Case
- The case emanates from a petition for review on certiorari against the decision dated October 8, 1992, and the order dated November 12, 1992, issued by Undersecretary of Labor and Employment Bienvenido Laguesma.
- The Undersecretary ordered a certification election among the employees of the Permex Producer and Exporter Corporation (Permex Producer).
Facts of the Case
- A certification election was conducted on January 15, 1991, with the following results:
- National Federation of Labor (NFL) - 235 votes
- No Union - 466 votes
- Spoiled Ballots - 18
- Marked Ballots - 9
- Challenged Ballots - 7
- Employees subsequently formed a labor organization named Samahang Manggagawa sa Permex (SMP), registered on March 11, 1991.
- SMP later affiliated with the Philippine Integrated Industries Labor Union (PIILU).
- On August 16, 1991, SMP-PIILU requested recognition as the exclusive bargaining representative from Permex Producer.
- Permex Producer recognized SMP-PIILU on October 19, 1991, and entered into a collective bargaining agreement (CBA) on December 1, 1991, ratified by a majority of employees on December 9-10, 1991, and certified by the Department of Labor and Employment (DOLE) on Dece