Scribd Logo
Upload

Welcome to Scribd!

  • 41 views

    Samahang Manggagawa v. Charter Chemical

    Uploaded by

    bernadeth ranola
    The petitioner union filed a petition for certification election which was dismissed by the mediator on the grounds that: 1) the union documents were not properly executed and 2) the union membership included supervisory employees. The Court of Appeals affirmed the dismissal. However, the Supreme Court ruled that while a prohibition exists against mixing supervisory and rank-and-file employees in a union, the Labor Code does not specify the effect of such a violation on the union's legitimacy. Therefore, any mixing of membership does not invalidate the union's registration unless done through misrepresentation. The Supreme Court reinstated the decision granting the certification election.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Samahang Manggagawa v. Charter Chemical

    Uploaded by

    bernadeth ranola
    41 views3 pages
    The petitioner union filed a petition for certification election which was dismissed by the mediator on the grounds that: 1) the union documents were not properly executed and 2) the union membership included supervisory employees. The Court of Appeals affirmed the dismissal. However, the Supreme Court ruled that while a prohibition exists against mixing supervisory and rank-and-file employees in a union, the Labor Code does not specify the effect of such a violation on the union's legitimacy. Therefore, any mixing of membership does not invalidate the union's registration unless done through misrepresentation. The Supreme Court reinstated the decision granting the certification election.

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The petitioner union filed a petition for certification election which was dismissed by the mediator on the grounds that: 1) the union documents were not properly executed and 2) the union membership included supervisory employees. The Court of Appeals affirmed the dismissal. However, the Supreme Court ruled that while a prohibition exists against mixing supervisory and rank-and-file employees in a union, the Labor Code does not specify the effect of such a violation on the union's legitimacy. Therefore, any mixing of membership does not invalidate the union's registration unless done through misrepresentation. The Supreme Court reinstated the decision granting the certification election.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    41 views3 pages

    Samahang Manggagawa v. Charter Chemical

    Uploaded by

    bernadeth ranola
    The petitioner union filed a petition for certification election which was dismissed by the mediator on the grounds that: 1) the union documents were not properly executed and 2) the union membership included supervisory employees. The Court of Appeals affirmed the dismissal. However, the Supreme Court ruled that while a prohibition exists against mixing supervisory and rank-and-file employees in a union, the Labor Code does not specify the effect of such a violation on the union's legitimacy. Therefore, any mixing of membership does not invalidate the union's registration unless done through misrepresentation. The Supreme Court reinstated the decision granting the certification election.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    SAMAHANG MANGGAGAWA SA CHARTER CHEMICAL SOLIDARITY OF UNIONS IN THE PHILIPPINES

    FOR EMPOWERMENT AND REFORMS (SMCC-SUPER), ZACARRIAS JERRY VICTORIO - UNION


    PRESIDENT, petitioner, VS. CHARTER CHEMICAL AND COATING CORPORATION, respondent.
    March 16, 2011 [G.R. No. 169717] DEL CASTILLO, J.

    Provisions/Concepts/Doctrines and How Applied to the Case

    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, 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
    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.
    FACTS

    Petitioner Union filed a petition for certification election among the regular rank-and-file employees
    of respondent Company with the Mediation Arbitration Unit of DOLE-NCR.
    Respondent company filed an Answer with Motion to Dismiss on the ground that petitioner union is
    not a legitimate labor organization because of (1) failure to comply with the documentation
    requirements set by law, and (2) the inclusion of supervisory employees within petitioner union.
    Med-Arbiter Falconitin: dismissed petition for certification election
    - Petitioner union is not a legitimate labor organization because the Charter Certificate, “Sama-
    samang Pahayag ng Pagsapi at Authorization,” and “Listahan ng mga Dumalo sa Pangkalahatang
    Pulong at mga Sumang-ayon at Nagratipika sa Saligang Batas” were not executed under oath and
    certified by the union secretary and attested to by the union president; thus, fatally defective
    - the list of membership of petitioner union consisted of 12 batchman, mill operator and leadman
    who performed supervisory functions thus prohibited from joining union to represent rank-and-file
    employees of company
    - not being a legitimate labor organization, petitioner union has no right to file a petition for
    certification election for the purpose of collective bargaining
    DOLE: in favor of respondent company dismissing petitioner union’s appeal because it is filed out of
    time
    On MR, DOLE reversed its earlier ruling: no certification election was previously conducted in favor of
    company; however, the prior certification was denied by Med-Arbiter and, on appeal, was dismissed
    by DOLE for being filed out of time.
    CA: petitioner union failed to comply with the documentation requirements under the Labor Code;
    - that union consisted of both rank-and-file and supervisory employees;
    -the issues as to the legitimacy of petitioner union may be attacked collaterally in a petition for
    certification election and the infirmity in the membership of petitioner union cannot be remedied
    through the exclusion-inclusion proceedings in a pre-election conference
    -considering that the union is not a legitimate labor organization, it has no legal right to file a petition
    for certification election
    ISSUE/S (relevant to the syllabus)

    Whether or not the mixture of rank-and-file and supervisory employees in petitioner union nullifies its
    legal personality as a legitimate labor organization? (NO)
    RULING (include how the law was applied)

    The amending law to the labor code R.A. No. 6715 omitted specifying the exact effect of any violation
    of the prohibition (on the co-mingling of supervisory and rank-and-file employees) would bring about
    on the legitimacy of a labor organization.
    It should be emphasized that the petitions for certification election involved
    in Toyota and Dunlop were filed on November 26, 1992, and September 15, 1995, respectively;
    hence, the 1989 Rules was applied in both cases.
    But then, on June 21, 1997, the 1989 Amended Omnibus Rules was further amended by Department
    Order No. 9, series of 1997 (1997 Amended Omnibus Rules). Specifically, the requirement under Sec.
    2(c) of the 1989 Amended Omnibus Rules – that the petition for certification election indicate that the
    bargaining unit of rank-and-file employees has not been mingled with supervisory employees – was
    removed. Instead, what the 1997 Amended Omnibus Rules requires is a plain description of the
    bargaining unit
    The Court abandoned the view in Toyota and Dunlop and reverted to its pronouncement in Lopez 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 held 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 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.

    DISPOSITIVE

    WHEREFORE, the petition is GRANTED. The March 15, 2005 Decision and September 16, 2005
    Resolution of the Court of Appeals in CA-G.R. SP No. 58203 are REVERSED and SET ASIDE. The January
    13, 2000 Decision of the Department of Labor and Employment in OS-A-6-53-99 (NCR-OD-M9902-
    019) is REINSTATED. No pronouncement as to costs. SO ORDERED.
    ADDITIONAL NOTES

    You might also like