LABREL DIGEST PRELIM [Part 2]

Article 245. Ineligibility of managerial

Tagaytay Highlands International Golf

- R asserted that:

employees

Club Inc

1. It was granted a Certification of Affiliation

organization;

vs

by DOLE which means it complied with all the

employees. Managerial employees

Tagaytay Highlands Ees Union-PGTWO

requirements for valid affiliation and inclusion

are not eligible to join, assist or form

in the roster of legitimate labor organizations

any labor organization. Supervisory

Thus, med arb, pursuant to A.257 LC should

Facts:
-

is

legitimate

Labor

Organization

order the conduct of a Cert Elec, which it did

to

join

right

any

of

labor

supervisory

employees shall not be eligible for

membership in a labor organization of
the rank-and-file employees but may

representing majority of the rank and file ees

P

- P appealed to the Office of the DOLE Sec

join, assist or form separate labor

- R filed a Petition for Certification Election

and set aside the med arb's order, finding

organizations of their own.

before the DOLE med arb unit

that: (absence of community or mutuality of

interests)

The acquisition of rights by any union

- P opposed the Petition on the ground that

1.

separate

or labor organization, particularly the

the:

bargaining units (supervisory ees and rank

right to file a petition for certification

A. list of union members submitted by it was

and file ees) and

election, first

defective

2. To represent ees of 2 separate and distinct

depends onwhether or not the labor

corporate entities

organization has attained the status of

and

fatally

flawed

because

it

included name and signatures of:

- Pizza Hut v. Ledesma

sought

to

represent

and

foremost,

a legitimate labor organization.

1. Supervisors
2. Resigned

Dole

undersecretary:

Dismissed

3. Terminated

Resolution of Office of the Dole Sec

the
After a certificate of registration is issued to a
union, its legal personality cannot be subject

4. Absent without leave ees

5. Ees of the Country Club - corporation

Issue:

distinct and separate from P

Whether

to collateral attack. It may be questioned only

or

not

the

the

in an independent petition for cancellation in

Petition for Cert Elec was proper though

accordance with Section 5 of Rule V, Book IV

B. Out of the 192 signatories to the Petition,

there was alleged to be mixture of

of the "Rules to Implement the Labor Code"

only 71 were actual rank and file ees

supervisory and rank and file ees - YES

(Implementing Rules) which section reads:

C. List of union members were secured

The statutory authority for the exclusion of

Sec. 5. Effect of registration. The labor

through fraudulent means because some ees

supervisory

rank-and-file

organization or workers association

denied and withdraw from participating in the

union, and vice-versa, is Article 245 of the

shall be deemed registered and vested

Petition

Labor Code, to wit:

with legal personality on the date of

employees

holding

in

of

issuance

of

its

certificate

of

registration.
cannot

Such

legal

thereafter

collateral

be

attack, but

questioned

only

independent
cancellation in

personality
subject

to

may

be

in

from

participating

in

the

certification election, this Courts following

Designation should be reconciled with

ruling is instructive:

the actual job description of subject

an

employees x x x

petition

for

"[T]he best forum for determining

- The mere fact that an employee is

accordance

with

whether there were indeed retractions

designated

from some of the laborers is in the

necessarily make him one.

certification election itself wherein the

- Otherwise, there would be an absurd

workers

these Rules. (Emphasis supplied)

The

members

inclusion in a union of disqualified

not

their

situation where one can be given the

choice in a secret ballot. Suffice it to

title just to be deprived of the right to

cancellation, unless such inclusion is due to

say that the will of the rank-and-file

be a member of a union.

misrepresentation,

employees should in every possible

instance

secret

Corporation vs. Laguesma (G. R. No.

enumerated in Sections (a) and (c) of

ballot rather than by administrative or

103743, January 29, 1996), it was

Article 239 of above-quoted Article 239

quasi-judicial

stressed that:

of the Labor Code.

representation

fraud under

the

statement

or

circumstances

be

express

does

employees is not among the grounds for

false

can freely

manager

determined

by

inquiry.

the

case

of

National

Steel

certification

What is essential is the nature

election cases are not to be taken as

of the employees function

THEU, having been validly issued a certificate

contentious litigations for suits but as

and not the nomenclature

of registration, should be considered to have

mere

or title given to the job which

already acquired juridical personality which

adversary, fact-finding character as to

determines

may not be assailed collaterally.

which

unions

employee has rank-and-file or

represents the genuine choice of the

managerial status or whether

As for petitioners allegation that some

workers to be their sole and exclusive

he is a supervisory employee.

of the signatures in the petition for

collective

(Emphasis supplied).

certification

with their employer."

through

election

fraud,

false

were

obtained

statement

and

misrepresentation:

and

Such

In

investigations
of

the

of

competing

bargaining

a non-

representative

As for the lack of mutuality of interest

argument of petitioner:

The proper procedure is for it to file a

Its failure to present substantial evidence

petition for cancellation of the certificate of

that the assailed employees are actually

registration, and not to intervene in a petition

occupying supervisory positions.

for certification election.

- Pepsi-Cola Products Philippines, Inc. v.
Regarding the alleged withdrawal of union

Secretary of Labor:

whether

the