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    Kamada Vs - Ferrer - Calleja

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    Lara De los Santos
    The petitioner KAMADA claimed to be the sole bargaining agent for workers at Ocean Terminal Services, Inc. (OTSI) after concluding a collective bargaining agreement. However, the private respondent union ASTEUO, also composed of OTSI workers, registered soon after. KAMADA filed suit to cancel ASTEUO's registration. The med-arbiter cancelled the registration, finding another union covering the same workers could not be considered a labor protective activity. However, the Supreme Court ruled that Section 3, Rule V prohibits certification elections within one year of a prior election, not union registrations. Furthermore, ASTEUO registered before the certification of KAMADA, so there was no certified bargaining agent yet when ASTEUO

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    Kamada Vs - Ferrer - Calleja

    Uploaded by

    Lara De los Santos
    183 views1 page
    The petitioner KAMADA claimed to be the sole bargaining agent for workers at Ocean Terminal Services, Inc. (OTSI) after concluding a collective bargaining agreement. However, the private respondent union ASTEUO, also composed of OTSI workers, registered soon after. KAMADA filed suit to cancel ASTEUO's registration. The med-arbiter cancelled the registration, finding another union covering the same workers could not be considered a labor protective activity. However, the Supreme Court ruled that Section 3, Rule V prohibits certification elections within one year of a prior election, not union registrations. Furthermore, ASTEUO registered before the certification of KAMADA, so there was no certified bargaining agent yet when ASTEUO

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    Kamada vs . Ferrer- Calleja

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    The petitioner KAMADA claimed to be the sole bargaining agent for workers at Ocean Terminal Services, Inc. (OTSI) after concluding a collective bargaining agreement. However, the private respondent union ASTEUO, also composed of OTSI workers, registered soon after. KAMADA filed suit to cancel ASTEUO's registration. The med-arbiter cancelled the registration, finding another union covering the same workers could not be considered a labor protective activity. However, the Supreme Court ruled that Section 3, Rule V prohibits certification elections within one year of a prior election, not union registrations. Furthermore, ASTEUO registered before the certification of KAMADA, so there was no certified bargaining agent yet when ASTEUO

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    183 views1 page

    Kamada Vs - Ferrer - Calleja

    Uploaded by

    Lara De los Santos
    The petitioner KAMADA claimed to be the sole bargaining agent for workers at Ocean Terminal Services, Inc. (OTSI) after concluding a collective bargaining agreement. However, the private respondent union ASTEUO, also composed of OTSI workers, registered soon after. KAMADA filed suit to cancel ASTEUO's registration. The med-arbiter cancelled the registration, finding another union covering the same workers could not be considered a labor protective activity. However, the Supreme Court ruled that Section 3, Rule V prohibits certification elections within one year of a prior election, not union registrations. Furthermore, ASTEUO registered before the certification of KAMADA, so there was no certified bargaining agent yet when ASTEUO

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    De los Santos, Lara Aurea L.

    4- Manresa

    G.R. No. 104692 September 5, 1997


    KATIPUNAN NG MGA MANGGAGAWA SA DAUNGAN (KAMADA), petitioner, vs.
    HON. PURA FERRER-CALLEJA and ASSOCIATED SKILLED AND TECHNICAL EMPLOYEES UNION
    (ASTEUO), respondents.

    Facts:

    Petitioner Katipunan ng mga Manggagawa sa Daungan (KAMADA) claims to be the sole and
    exclusive bargaining agent for all workers in Ocean Terminal Services, Inc. (OTSI). After a
    certification election, it concluded a collective bargaining agreement with the company. Soon
    thereafter, in September 1990, private respondent union (ASTEUO) — allegedly composed also
    of OTSI workers — was registered.

    Petitioner KAMADA filed a suit to cancel the registration of ASTEUO on the ground that the
    latter's members were already covered by the existing collective bargaining agreement. Private
    respondent, on the other hand, claimed that its existence as a union could not be disturbed, as
    its registration was made during the freedom period when there was no collective bargaining
    agreement concluded as yet.

    Private respondent's registration was cancelled by the med-arbiter in his resolution dated
    November 27, 1990, finding that the "organization of another union covering the same workers
    call no longer be considered as a labor protective [sic] activity under P.D. 1391"7 and that "this
    will even be against the present policy of one union in one company."

    Issue:

    Whether or not there was already an existing certified bargaining agent when respondent
    obtained its registration.

    Ruling:

    Section 3, Rule V, Book V of the Omnibus Rules Implementing the Labor Code, prohibits not the
    registration of a new union but the holding of a certification election "within one year from the
    dare of issuance of a final certification election result. Clearly, private respondent's registration
    is not covered by the prohibition. In any event, the union registration was effected in
    September 1990, a month before the secretary of labor issued his decision on the result of the
    certification election on October 31, 1990. Hence, there was yet no certified bargaining agent
    when the private respondent was registered as a union.

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