CASE DIGEST: ST. JAMES SCHOOL v. SAMAHANG MANGGAGAWA SA ST. JAMES SCHOOL

ST. JAMES SCHOOL

VS

SAMAHANG MANGGAGAWA SA ST. JAMES SCHOOL

G.R. No. 151326

[November 23, 2005]

The Samahang Manggagawa sa St. James School of Quezon City (Samahang Manggagawa’) filed a petition for certification election to determine the collective bargaining representative of the motor pool, construction and transportation employees of St. James School of Quezon City. St. James filed a certification election protest challenging 84 votes on the ground that they were not its regular employees but construction workers of an independent contractor, Architect Bacoy. The DOLE ruled that Samahang Manggagawa seeks to represent the non-academic personnel or the rank and file employees from the motor pool, construction and transportation departments, and not all the rank and file employees of St. James. According to the DOLE, Med-Arbiter Falconitin erred in including all the rank and file employees of St. James, whether teaching or non-teaching personnel, in the computation of the total number of employees. The DOLE ruled that the list submitted by St. James contained only the administrative, teaching and office personnel of the school. St. James questions the validity of the formation of the labor union and the validity of the certification election on the ground that there was no quorum.

HELD:

The petition has no merit. St. James may no longer question the validity of the formation of the labor union. The records show that prior to the holding of the certification election, St. James filed a petition for cancellation of Samahang Manggagawa’s union registration. The Court of Appeals had already ruled that the construction workers are actually St. James’ regular employees in its motor pool, construction and transportation departments. St. James has five campuses ‘ the Philamlife and Scout Alcaraz, Quezon City campuses which are pre-schools; the Paraaque City and Calamba, Laguna campuses which offer elementary, secondary and college education; and the Tandang Sora, Quezon City campus which offers elementary and secondary education

The members of Samahang Manggagawa are employees in the Tandang Sora campus. Under its constitution and by-laws, Samahang Manggagawa seeks to represent the motor pool, construction and transportation employees of the Tandang Sora campus. Thus, the computation of the quorum should be based on the rank and file motor pool, construction and transportation employees of the Tandang Sora campus and not on all the employees in St. James’ five campuses.

The motor pool, construction and transportation employees of the Tandang Sora campus had 149 qualified voters at the time of the certification election. Hence, the 149 qualified voters should be used to determine the existence of a quorum. Since a majority or 84 out of the 149 qualified voters cast their votes, a quorum existed in the certification election.

St. James further alleges that the names of the 84 voters are not on the list of its rank and file employees. On this score, we sustain the factual finding of the DOLE that the list submitted by St. James consists of its administrative, teaching and office personnel. These administrative, teaching and office personnel are not members of Samahang Manggagawa. They do not belong to the bargaining unit that Samahang Manggagawa seeks to represent. Hence, the list submitted by St. James may not be used as basis to determine the members of Samahang Manggagawa.

COMPLIANCE