Unfair Labor Practice & Certification Election

The reason that justifies the postponement of a certification election pending an inquiry as to the bona fides of a labor union calls for a different conclusion where it is management that would have an unfair labor practice case filed by it for illegal strike engaged in by some of its employees concluded before it would agree to the holding of a certification election. If management is allowed to have its way, the result might be to dilute or fritter away the strength of an organization bent on a more zealous defense of labor's prerogatives. The difficulties and obstacles that must be then hurdled would not be lost on the rest of the personnel, who had not as yet made up their minds one way or the other. This is not to say that management is to be precluded from filing an unfair labor practice case. (G.R. No. L-32853, September 25, 1981)

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