CASE DIGEST: GEORGE AND PETER LINES, INC. v. ASSOCIATED LABOR UNION

GEORGE AND PETER LINES, INC.

ASSOCIATED LABOR UNION

134 SCRA 82

[January 17, 1985]

NATURE

Petition for certiorari to review the decision of the Bureau of Labor Relations.

FACTS

-George and Peter Lines, Inc. (petitioner) is involved in shipping, while Associated Labor Unions (ALU, respondent) is a legitimate labor organization.

-July 16, 1878: a Petition for Direct Certification was filed by ALU praying that it be certified as the SOLE and EXCLUSIVE bargaining representative of all the rank and file employees of petitioner corporation, there being no labor union.

-Petitioner opposed the petition stating that the Union does not represent the majority of the employees concerned, and that more than 80% of the licensed/ unlicensed crew of its vessels claim they are not members of any union.

-August 25, 1978: Med-Arbiter issued an Order directly certifying ALU as the sole and exclusive bargaining agent. Petitioner moved for reconsideration alleging that 80% of the employees denied their membership. Corporation moved that a certification election should be called.

-Bureau of Labor Relations Director, upon examination of the documents, opined that there existed a doubt regarding the majority of status of respondent ALU because of the withdrawal of the members, and directed a certification election.

-Upon a motion for reconsideration by ALU, the BLR Director reconsidered its Resolution and directly certified ALU as sole bargaining agent.

ISSUE

WON employees of the corporation are entitled to choose their sole and exclusive bargaining representative with petitioner thru a certification election;

WON petitioner is entitled to file petition for certification election.

HELD

1. YES

Ratio Employees have the constitutional right to choose the labor organization which it desires to join. The exercise of such right would be rendered nugatory and ineffectual if they would be denied the opportunity to choose in a certification election. Reasoning The holding of a certification election is a statutory policy that should not be circumvented.

-The best forum to determine if there was indeed undue pressure exerted upon the employees to retract their membership is in the certification election itself (in secret ballot where they can freely express their choice).

-The fact that there are no competing Unions should not affect the freedom of choice (they can always choose ALU or ‘No Union’).

DISPOSITION

The Regional Office concerned of MoLE is directed to cause the holding of a certification election.