What is the "Globe" Doctrine?

In the case of Democratic Labor Association vs. Cebu Stevedoring Co., G.R. No. L-10321, February 28, 1958, we stated that because of the modern complexity of the relation between both employer and union structure, it becomes difficult to determine from the evidence alone which of the several claimant groups forms a proper bargaining unit; that it becomes necessary to give consideration to the express will or desire of the employees — a practice designated as the "Globe doctrine," which sanctions the holding of a series of elections, not for the purpose of allowing the group receiving an over all majority of votes to represent all employees, but for the specific purpose of permitting the employees in each of the several categories to select the group which each chooses as a bargaining unit; that the factors which may be considered and weighed in fixing appropriate units are: the history, of their collective bargaining; the history, extent and type of organization of employees in other plants of the same employer, or other employers in the same industry; the skill, wages, work and working conditions of the employees; the desires of the employees; the eligibility of the employees for membership in the union or unions involved; and the relationship between the unit or units proposed and the employer's organization, management and operation, and the test in determining the appropriate bargaining unit is that a unit must effect a grouping of employees who have substantial, mutual interests in wages, hours, working conditions and other subjects of collective bargaining. It is manifest, therefore, that "the desires of the employees" is one of the factors in determining the appropriate bargaining unit. The respondent Court was simply interested "in the verification of the evidence already placed on record and submitted wherein the workers have signed manifestations and resolutions of their desire to be separated from Kapisanan." Certainly, no one would deny the respondent court's right of full investigation in arriving at a correct and conclusive finding of fact in order to deny or grant the conclusive findings of fact in order to deny or grant the petitions for certification election. On the contrary, all respondent court, or any court for that matter, to investigate before acting, to do justice to the parties concerned. And one way of determining the will or desire of the employees is what the respondent court had suggested: a plebiscite — carried by secret ballot. A plebiscite not to be conducted by the Department of Labor, as contemplated in a certification election under Sec. 12 of the Magna Charter of Labor, R.A. No. 875, but by the respondent court itself. As well as observed by the respondent court, "the votes of workers one way or the other, in these cases will not by any chance choose the agent or unit which will represent them anew, for precisely that is a matter that is within the issues raised in these petitions for certification".
The test in determining whether an order or judgment is interlocutory or final is "Does it leave something to be done in the trial court with respect to the merits of the case? If it does, it is interlocutory; if it does not, it is final" (Moran's Comments on the Rules of Court, 1952 Ed., Vol. I, p. 41). Having in view the avowed purpose of the orders in question, as heretofore exposed, one should not stretch his imagination far to see that they are clearly interlocutory, as they leave something more to be done in the trial court and do not decide one way or the other the petitions of the respondent unions. We are, therefore, constrained to hold, as we do hereby hold, that the present appeals or petitions for review by certiorari, are not authorized by law and should be dismissed (Section 2, Rule 44, Rules of Court). There is, moreover, nothing, under the facts obtaining in these cases and the law on the subject, which would warrant this Court to declare the orders under consideration, illegal. (Kapisanan ng mga Manggagawa sa Manila Road Co. v. Yard Crew Union; G.R. Nos. L16292-94)

Highly skilled or specialized technical workers may choose to form their own bargaining unit because they may be in better position to bargain with the employer considering the market value of their skills.

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