National Mines and Allied Workers Union vs. Secretary of Labor 277 SCRA 821

Topic: Union Representation - Methods of Establishing Majority Status: Policy/Rationale

FACTS:

Petitioner and respondent FFW-SMQCC are local chapters of labor federations duly registered with DOLE

Petitioner is the exclusive bargaining agent of all the rank and file workers of respondent QCC, a domestic corporation engaged in the metal industry

38 days before the expiration of the CBA between petitioner and respondent QCC, respondent FFW-SMQCC filed with the DOLE a petition for certification election – accompanied by a list of signatures of company employees, who signified their consent to the certification election among the rank and file employees of QCC

 Petitioner moved to dismiss the petition of respondent

The requirement of consent to the election of at least 25% of the rank and file employees had not been met. Petition not verified as required by law. President of petitioner had no personality to file the petition on behalf of FFW-SMQCC

Respondent filed a second petition for certification election, signed and verified by president of petitioner

Med-Arbiter granted the petition for certification election of respondent. Petitioner appealed decision to Secretary of Labor. Sec of Labor denied appeal and affirmed decision of Med-Arbiter. Hence, this petition.

ISSUE: Whether or not the petition for certification election should be granted

HELD: YES

RATIO:

Attached to the original petition for certification election was a list of 141 supporting signatures out of the 300 employees belonging to the appropriate bargaining unit to be represented by respondent FFW-SMQCC. Respondent QCC sought to delete from the list some 36 signatures which are allegedly forged and falsified. Petitioner, likewise, submitted a joint affidavit of 13 employees, disclaiming the validity of the signatures therein.

Granting that 36 signatures were falsified and that 13 was disowned, this leaves 92 undisputed signatures which is definitely more than 75 — i.e., 25% of the total number of company employees required by law to support a petition for certification election. The disclaimer of 13 employees by their respective signatures covers only their own personal participation and cannot in any way be extended to include the rest of those who did not question the same.

Moreover, the fact that the list of signatures is undated does not necessarily mean that the signatures were obtained prior to the 60-day period before the expiration of the existing collective bargaining agreement. What is important is that the petition for certification election must be filed during the freedom period and that the 25% requirement of supporting signatures be met upon the filing thereof. These requirements have been compiled by respondent FFW-SMQCC in their first and second petitions, and it was thus incumbent upon the Med-Arbiter to order a certification election to be conducted among the rank and file employees of the company

If indeed there are employees in the bargaining unit who refused to be represented by respondent FFW-SMQCC, with all the more reason should a certification election be held where the employees themselves can freely and voluntarily express by secret ballot their choice of bargaining representative. A certification election is the most effective and expeditious way to determine which labor organization can truly represent the working force in the appropriate bargaining unit of the company

DISPOSITIVE: Respondent WON.

DOCTRINE: What is important is that the petition for certification election must be filed during the freedom period and that the 25% requirement of supporting signatures be met upon the filing thereof.

A certification election is the most effective and expeditious way to determine which labor organization can truly represent the working force in the appropriate bargaining unit of the company