CASE DIGEST: STA. LUCIA EAST COMMERCIAL CORP VS SECRETARY OF DOLE

STA. LUCIA EAST COMMERCIAL CORP

VS

SECRETARY OF DOLE

G.R. No. 162355

August 14, 2009

The employer may voluntarily recognize the representation status of a union in unorganized establishments. SLECC was not an unorganized establishment when it voluntarily recognized SMSLEC as its exclusive bargaining representative on 20 July 2001. CLUP-SLECC and its Affiliates Workers Union filed a petition for certification election on 27 February 2001 and this petition remained pending as of 20 July 2001. Thus, SLECC’s voluntary recognition of SMSLEC on 20 July 2001, the subsequent negotiations and resulting registration of a CBA executed by SLECC and SMSLEC are void and cannot bar CLUPSLECCWA’s present petition for certification election.