Commingling in CBU or union; effect

The inclusion of workers who are not part of the collective bargaining unit (CBU) is called "commingling." Another form of commingling is when supervisors are included in a rank-and-file union.

It is important to remember that commingling is NOT a ground for the cancellation of the registration of a union. The only effect is that said employees (who are not supposed to be included) are, ipso jure, excluded and deemed removed from the unit or the list of union members. (661 Phil. 175)

However, in the case of Tagaytay Highlands Int'l. Golf Club, Inc. v. Tagaytay Highlands Employees Union-PGTWO (443 Phil. 841, 2003), the core issue was whether mingling affects the legitimacy of a labor organization and its right to file a petition for certification election. The Supreme Court held that, while there is a prohibition against the mingling of supervisory and rank-and-file employees in one labor organization, the Labor Code does not provide for the effects thereof. Thus, the Court said that after a labor organization has been registered, it may exercise all the rights and privileges of a legitimate labor organization. Any mingling between supervisory and rank-and-file employees in its membership (or, by analogy, any inclusion of workers outside the CBU) cannot affect its legitimacy for that is NOT among the grounds for cancellation of its registration, unless such mingling was brought about by misrepresentation, false statement or fraud under Article 239 of the Labor Code. (G.R. No. 169717)