CASE DIGEST: SAMAHAN v SEC OF LABOR (FILSYSTEMS)

SAMAHAN

VS

SEC OF LABOR (FILSYSTEMS)

290 SCRA 680

[June 5, 1998]

NATURE

Special civil action for certiorari assailing the resolution and order of respondent Secretary dismissing petitioner’s petition for certification election

FACTS

-petitioner Samahan ng mga Manggagawa sa Filsystems (SAMAFILNAFLU-KMU) is a registered labor union. It filed a petition for certification election among the rank-and-file employees of private respondent Filsystems, Inc. Filsystems opposed the petition, questioning petitioner’s status as a legitimate labor organization on the ground of lack of proof that its contract of affiliation with NAFLU-KMU has been submitted to the Bureau of Labor Relations within 30 days from its execution.

-the Med-Arbiter dismissed the petition, ruling that petitioner has no legal personality for failure to submit its contract of affiliation on time. Petitioner appealed to respondent Secretary, contending that, as an independently registered union, it has the right to file a petition for certification election regardless of its failure to prove its affiliation.

-another union, the Filsystems Workers Union, filed a petition for certification election. It was granted, and FWU won. Private respondent filed a motion to dismiss appeal as it has become moot & academic. Petitioner opposes the motion to dismiss on the ground that the certification election was void for having been held during the pendency of the appeal.

ISSUE/S

1. WON petitioner had legal personality to file the petition ART. 256. Representation issue in organized establishments. -In organized establishments, when a verified petition questioning the majority status of the incumbent bargaining agent is filed before the Department of Labor and Employment within the sixty-day period before the expiration of the collective bargaining agreement, the Med-Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least twenty-five percent (25%) of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit. To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in theunit. When an election which provides for three or more choices results in no choice receiving a majority of the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two highest number of votes: Provided, that the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.

At the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no petition for certification election is filed. (As amended by Section 23, Republic Act No. 6715, March 21, 1989).

2. WON the appeal was rendered moot and academic

HELD

1. YES

Ratio Petitioner is an independently registered labor union. As a legitimate labor organization, its right to file a petition for certification election cannot be questioned. Reasoning Petitioner’s failure to prove its affiliation with NAFLU-KMU will, at most, result in an ineffective affiliation. Despite affiliation, the local union remains the basic unit free to serve the interests of its members independently of the federation.

2. NO

Ratio The certification election and the CBA are void for having occured during the pendency of an unresolved representation case with the Secretary. Reasoning Petitioner seasonably appealed the dismissal of its petition. The appeal stopped the holding of any certification election.

Disposition

Petition is granted.

A. Organized Establishment

RA 9481 Sec. 10. Article 256 of the Labor Code is hereby amended to read as follows:

“ART. 256. Representation Issue in Organized Establishments. -In organized establishments, when a verified petition questioning the majority status of the incumbent bargaining agent is filed by any legitimate labor organization including a national union or federation which has already issued a charter certificate to its local chapter participating in the certification election or a local chapter which has been issued a charter certificate by the national union or federation before the Department of Labor and Employment within the

sixty (60)-day period before the expiration of the collective bargaining agreement, the Med-Arbiter shall automatically order an election by secret ballot when the verified petition is supported by the written consent of at least twenty-five percent (25%) of all the employees in the bargaining unit to ascertain the will of the employees in the appropriate bargaining unit.

(RA 9481 continued)

To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit. When an election which provides for three or more choices results in no choice receiving a majority of the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two highest number of votes: Provided, That the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast. In cases where the petition was filed by a national union or federation, it shall not be required to disclose the names of the local chapter’s officers and members.

At the expiration of the freedom period, the employer shall continue to recognize the majority status of the incumbent bargaining agent where no ition f ification election is filed