MECHANICAL DEPART LABOR UNION v. CIR G.R. No. L- 28223 / 24 SCRA 925

Topic: Unit Severance and Globe Doctrine

FACTS:

The case began on 13 February 1965 by a petition of the respondent "Samahan ng mga Manggagawa, etc." calling attention to the fact that there were three unions in the Caloocan shops of the Philippine National Railways: the "Samahan", the "Kapisanan ng Manggagawa sa Manila Railroad Company", and the Mechanical Department Labor Union;

That no certification election had been held in the last 12 months in the Caloocan shops; that both the "Samahan" and the Mechanical Department Labor Union had submitted different labor demands upon the management for which reason a certification election was needed to determine the proper collective bargaining agency for the Caloocan shop workers.

The petition was opposed by the management as well as by the Mechanical Department Labor Union, the latter averring that it had been previously certified in two cases as sole and exclusive bargaining agent of the employees and laborers of the PNR'S mechanical department, and had negotiated two bargaining agreements with management in 1961 and 1963; that before the expiration of the latter, a renewal thereof had been negotiated and the contract remained to be signed; that the "Samahan" had been organized only in 21 January 1965; that the Caloocan shops unit was not established nor separated from the Mechanical Department unit;

That the "Samahan" is composed mainly of supervisors who had filed a pending case to be declared non-supervisors; and that the purpose of the petition was to disturb the present smooth working labor management relations.

TRIAL COURT: reviewed the collective bargaining history of the Philippine National Railways and allowed the establishment of new and separate bargaining unit in one company, even in one department of the same company

the Mechanical Department Labor Union appealed to this Court questioning the applicability under the circumstances of the "Globe doctrine" of considering the will of the employees in determining what union should represent them.

ISSUE: Whether or not the employees at the Caloocan Shops can desire the respondent union, "Samahan ng mga Manggagawa sa Caloocan Shops", to be separated from the Mechanical Department Labor Union, with a view to the former being recognized as a separate bargaining unit, applying the Globe Doctrine

RULING: Yes, the Globe Doctrine is applicable in this case.

Yes because even though Appellant Mechanical contends that the application of the "Globe doctrine" is not warranted because the workers of the Caloocan shops do not require different skills from the rest of the workers in the Mechanical Department of the Railway Company. This question is primarily one of facts.

The Industrial Court has found that there is a basic difference, in that those in the Caloocan shops not only have a community of interest and working conditions but perform major repairs of railway rolling stock, using heavy equipment and machineries found in said shops, while the others only perform minor repairs. It is easy to understand, therefore, that the workers in the Caloocan shops require special skill in the use of heavy equipment and machinery sufficient to set them apart from the rest of the workers.

In addition, the record shows that the collective bargaining agreements negotiated by the appellant union have been in existence for more than two (2) years; hence, such agreements can not constitute a bar to the determination, by proper elections, of a new bargaining representative (PLDT Employees' Union vs. Philippine Long Distance Telephone Co., 51 Off. Gaz., 4519).

As to the charge that some of the members of the appellee, "Samahan Ng Manggagawa", are actually supervisors, it appears that the question of the status of such members is still pending final decision; hence, it would not constitute a legal obstacle to the holding of the plebiscite. At any rate, the appellant may later question whether the votes of those ultimately declared to be supervisors should be counted.

Whether or not the agreement negotiated by the appellant union with the employer, during the pendency of the original petition in the Court of Industrial Relations, should be considered valid and binding on the workers of the Caloocan shops is a question that should be first passed upon by the Industrial Court.