CASE DIGEST: PLUM VS NORIEL

PLUM

VS

NORIEL

119 SCRA 299

December 15, 1982

NATURE

Petitioner seeks to set aside the Order and Resolutions of the Bureau of Labor Relations for having been issued in excess of jurisdiction and with grave abuse of discretion. It, likewise, prays for an order directing respondent director to hold a certification election so that the employees in the company can elect a union representative to negotiate an improved collective bargaining agreement to replace the agreement which has expired on February 1, 1976

FACTS

-Plum Federation of Industrial and Agrarian Workers filed a petition, praying that it be certified as the sole and exclusive bargaining agent of the rank-and-file workers of Manila Jockey Club, Inc. The Manila Jockey Club Race Day Operation Employees Labor Union-PTGWO filed a motion to intervene and opposition to said petition and alleged among other things, that it is the recognized collective bargaining representative of all the employees of the company and that it is in the process of negotiating a modification of the collective bargaining agreement.

-Another supplemental MTD was filed by intervenor PTGWO, this time invoking the “No Union Raiding Clause” of the “Code of Ethics” adopted by the members of the Trade Union Congress of the Philippines (T.U.C.P.) wherein both petitioner and intervenor are members, and claiming that the petition failed to satisfy the 30% requirement of the law. The entire record of the case was forwarded to the Office of the President of the T.U.C.P. for the purpose of submitting the matter to the Congress for decision. The entire record of the case was re turned by the T.U.C.P. President to the Office of then Secretary of Labor which in turn transmitted the same to the Bureau of Labor Relations Office with a forwarding letter signed by the late Roberto S. Oca in his capacity as President of the Congress, stating, among other things, the following: 1 “In a National Executive Board meeting of the Katipunang Manggagawang Pilipino (TUCP) held last March 7, 1977 at the Army & Navy Club, it was duly approved that the above-captioned case be referred back to the BLR and that MJCR-OELU-PTGWO be declared as the sole and exclusive bargaining agent, thus dismissing the petition of PLUM.” The BLR endorsed the case to Officer-in-Charge Vicente Leodegardo, Jr., of Region IV for appropriate action. On May 5, 1977, Atty. Luna C. Piezas, Chief, Med-Arbiter Section of Region IV, Department of Labor, promulgated an order 2 dismissing the case pursuant to the letter of the President of the T.U.C.P. Petitioner PLUM filed an appeal to the Bureau of Labor Relations predicated on the ground that TUCP has no authority in law to grant or deny election under the Labor Code which mandated the secret ballot to elect the true union representative. On September 17, 1977, the Bureau Director issued a resolution 3 dismissing the appeal.

HELD

Employees are deprived of the benefits of a CBA because management refused to bargain with the union. A certification of election is warranted. Workers’ welfare can be promoted through the bargaining process. Certification of election is the fairest and most effective way f determining which labor organization can truly represent the working force. The will of the majority is controlling. The director is still empowered to call for a certification election. Instead of ordering an election, Director dismissed the appleal of PLUM based on the decision of TUCP. This is frowned upon by the Court.

Disposition

Accordingly, the questioned order and resolutions are nullified and set aside. Respondent Director is hereby ordered to hold a certification election forthwith. This decision is immediately executory. No costs.