CASE DIGEST: ALGIRE V DE MESA

ALGIRE

VS

DE MESA

237 SCRA 647

[October 19, 1994]

NATURE

Petition for certiorari to nullify and set aside a decision of the Secretary of Labor

FACTS

-Universal Robina Textile Monthly Salaried Employees Union (URTMSEU) filed on September 4, 1990 a petition for the holding of an election of union officers with the Arbitration Branch of the Department of Labor and Employment (DOLE). This was done through De Mesa.

-DOLE’s med-arbiter Rolando S. de la Cruz issued an Order dated October 19, 1990 directing that such an election be held.

-In the pre-election conference, it was agreed that the 3 Section 3, Rule V, Implementing Rules and Regulations, election by secret ballot be conducted on November 16, 1990 between Catalino Algire, et al. (petitioner) and Regalado de Mesa, et al. (respondents) under the supervision of DOLE through its duly appointed representation officer.

-In filling out the ballots, instructions were given to mark choices with either a check mark or an ‘X’ mark. There should also be no other markings on the ballot.

-De Mesa and Algire both got 133 votes each. Total votes cast were 272. 6 were declared as spoiled ballots.

-Algire filed a petition, alleging that one of the ballots which had two check marks was erroneously declared to be a spoiled ballot. The checks supposedly made it clear as to the choice made by the voter.

The med-arbiter (De la Cruz) issued an order in Algire’s favor and certified the latter’s group to be the unions validly elected officers.

-De Mesa appealed to the DOLE secretary which was granted. Another order for a new election of officers was made by the Med-Arbiter and another pre-election conference was scheduled.

-Algire’s group filed a motion for reconsideration which was denied for lack of merit.

-Algire, et. al. contend that a representation officer (referring to a person duly authorized to conduct and supervise certification elections in accordance with Rule VI of the Implementing Rules and Regulations of the Labor Code) can validly rule only on on-

the-spot questions arising from the conduct of the elections, but the determination of the validity of the questioned ballot is not within his competence.

ISSUE

WON the act of the DOLE secretary in denying Algire’s motion was in excess of its authority since the case is an intra-union activity

HELD

NO

Ratio The certification election was an agreed one, the purpose being merely to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit. It is a separate and distinct process and has nothing to do with the import and effort of a certification election.

Reasoning

-What is at question in this case was a consent election, not a certification election.

-If indeed petitioner’s group had any opposition to the representation officer’s ruling that the questioned ballot was spoiled, it should have done so seasonably during the canvass of votes. Its failure or inaction to assail such ballot’s validity shall be deemed a waiver of any defect or irregularity arising from said election.

Disposition

Petition is DENIED and the challenged decision is hereby

AFFIRMED.