Case Digest: Samahang Manggagawa v. Charter Chemical & Coating
G.R. No. 169717 : March 16, 2011
SAMAHANG MANGGAGAWA SA CHARTER CHEMICAL SOLIDARITY OF UNIONS IN THE PHILIPPINES FOR EMPOWERMENT AND REFORMS (SMCC-SUPER), ZACARRIAS JERRY VICTORIO Union President, Petitioner, v. CHARTER CHEMICAL AND COATING CORPORATION, Respondent.
DEL CASTILLO,J.:
FACTS:
Samahang Manggagawasa Charter Chemical Solidarity of Unions in the Philippines for Empowerment and Reforms (petitioner union) filed a petition for certification election among the regular rank-and-file employees of Charter Chemical and Coating Corporation (respondent company) with the Mediation Arbitration Unit of the DOLE. Respondent company opposedon the ground that petitioner union is not a legitimate labor organization because of failure to comply with the documentation requirements set by law the charter certificate was not executed under oath, and the inclusion of supervisory employees within petitioner union. The Med-Arbiter dismissed the petition. The DOLE, on appeal, granted the petition for certification election but the CA reversed the DOLE decision. The appellate court gave credence to the findings of the Med-Arbiter.
Petitioner union claims that the litigation of the issue as to its legal personality to file the subject petition for certification election is barred by the Decision of the DOLE. In this decision, the DOLE ruled that petitioner union complied with all the documentation requirements and that there was no independent evidence presented to prove an illegal mixture of supervisory and rank-and-file employees in petitioner union. After the promulgation of this Decision, respondent company did not move for reconsideration, thus, this issue must be deemed settled.
ISSUE: Whether or not petitioner union has legal personality to file for a petition for certification election.
HELD: Court of Appeals decision is
LABOR LAW
The right to file a petition for certification election is accorded to a labor organization provided that it complies with the requirements of law for proper registration. The inclusion of supervisory employees in a labor organization seeking to represent the bargaining unit of rank-and-file employees does not divest it of its status as a legitimate labor organization.
Petitioner unions charter certificate need not be executed under oath. Consequently, it validly acquired the status of a legitimate labor organization upon submission of (1) its charter certificate,(2) the names of its officers, their addresses, and its principal office,and (3) its constitution and by-laws the last two requirements having been executed under oath by the proper union officials as borne out by the records.
Petitioner union correctly argues that its legal personality cannot be collaterally attacked in the certification election proceedings.
GRANTED.
SAMAHANG MANGGAGAWA SA CHARTER CHEMICAL SOLIDARITY OF UNIONS IN THE PHILIPPINES FOR EMPOWERMENT AND REFORMS (SMCC-SUPER), ZACARRIAS JERRY VICTORIO Union President, Petitioner, v. CHARTER CHEMICAL AND COATING CORPORATION, Respondent.
DEL CASTILLO,J.:
FACTS:
Samahang Manggagawasa Charter Chemical Solidarity of Unions in the Philippines for Empowerment and Reforms (petitioner union) filed a petition for certification election among the regular rank-and-file employees of Charter Chemical and Coating Corporation (respondent company) with the Mediation Arbitration Unit of the DOLE. Respondent company opposedon the ground that petitioner union is not a legitimate labor organization because of failure to comply with the documentation requirements set by law the charter certificate was not executed under oath, and the inclusion of supervisory employees within petitioner union. The Med-Arbiter dismissed the petition. The DOLE, on appeal, granted the petition for certification election but the CA reversed the DOLE decision. The appellate court gave credence to the findings of the Med-Arbiter.
Petitioner union claims that the litigation of the issue as to its legal personality to file the subject petition for certification election is barred by the Decision of the DOLE. In this decision, the DOLE ruled that petitioner union complied with all the documentation requirements and that there was no independent evidence presented to prove an illegal mixture of supervisory and rank-and-file employees in petitioner union. After the promulgation of this Decision, respondent company did not move for reconsideration, thus, this issue must be deemed settled.
ISSUE: Whether or not petitioner union has legal personality to file for a petition for certification election.
HELD: Court of Appeals decision is
LABOR LAW
The right to file a petition for certification election is accorded to a labor organization provided that it complies with the requirements of law for proper registration. The inclusion of supervisory employees in a labor organization seeking to represent the bargaining unit of rank-and-file employees does not divest it of its status as a legitimate labor organization.
Petitioner unions charter certificate need not be executed under oath. Consequently, it validly acquired the status of a legitimate labor organization upon submission of (1) its charter certificate,(2) the names of its officers, their addresses, and its principal office,and (3) its constitution and by-laws the last two requirements having been executed under oath by the proper union officials as borne out by the records.
Petitioner union correctly argues that its legal personality cannot be collaterally attacked in the certification election proceedings.
GRANTED.
