CASE DIGEST: CALIFORNIA MANUFACTURING CORP VS LAGUESMA

CALIFORNIA MANUFACTURING CORP

VS

LAGUESMA

209 SCRA 606

June 8, 1992

NATURE

Petition for review on certiorari

FACTS

-A petition for certification election among the supervisors of California Manufacturing Corp (CMC) was filed by the Federation of Free Workers (FFW). California Manufacturing Corporation Supervisors Union Chapter (CALMASUCO), alleging inter alia, that it is a duly registered federation while FFW-CALMASUCO Chapter is a duly registered chapter.

-CMC alleged that the petition should be denied since it does not contain the requisite number of signatures and that a big number of the supposed signatories to the petition are not actually supervisors as they have no subordinates to supervise, nor do they have the powers and functions which under the law would classify them as supervisors.

-FFW-CALMASUCO filed its reply maintaining that under the law, when there is no existing unit yet in a particular bargaining unit at the time a petition for certification election is filed, the 25% rule on the signatories does not apply.

-Labor Arbiter ruled in favor of FFW. DOLE affirmed.

ISSUE/S

1. WON the 25% subscription requirement applies

HELD

1. No.

Ratio Article 257 of the Labor code is applicable to unorganized labor organizations and not to establishments where there exists a certified bargaining agent which had previously entered into a collective bargaining agreement with the management Reasoning In the instant case, it is beyond cavil that the supervisors of CMC which constitute a bargaining unit separate and distinct from that of the rank-and-file, have no such agent. Thus they correctly filed a petition for certification election thru union FFW-CALMASUCO, likewise indubitably a legitimate labor organization. CMC’s insistence on the 25% subscription requirement, is clearly immaterial. The same has been expressly deleted by Section 24 of Republic Act No. 6715 and is presently prescribed only in organized establishments, that is, those with existing bargaining agents.