Topic:
Contract Bar Rule
FACTS:
On January 15, 1991, a certification election was conducted among employees of respondentPermex Producer and Exporter Corporation (hereafter referred to as Permex Producer). The results ofthe elections were as follows:
National Federation of Labor (NFL) – 235, No Union – 466, Spoiled Ballots – 18, Marked Ballots – 9, Challenged Ballots – 7
However, some employees of Permex Producer formed a labor organization known as the Samahang Manggagawa sa Permex (SMP) which they registered with the Department of Labor and Employment onMarch 11, 1991.
The union later affiliated with the Philippine Integrated Industries Labor Union (PIILU).On August 16, 1991, Samahang Manggagawa sa Permex-Philippine Integrated Industries Labor Union(SMP-PIILU), wrote the respondent company requesting recognition as the sole and exclusive bargaining representative of employees at the Permex Producer.
On October 19, 1991 Permex Producer recognized SMP-PIILU and, on December 1, entered into a collective bargaining agreement with it.
The CBA was ratified between December 9 and 10, 1991 by the majority of the rank and file employees of Permex Producer. On December 13, 1991, it was certified by the DOLE On February 25, 1992, respondent NFL filed a petition for certification election, but it was dismissed by the Med-Arbiter in an order on August 20, 1992. Respondent NFL then appealed the order to the Secretary of Labor and Employment. On October 8, 1992, the Secretary of Labor, through Undersecretary Bienvenido Laguesma, set aside the order of the Med-Arbiter and ordered a certification election to be conducted among the rank and file employees at the Permex Producer
On January 15, 1991, a certification election was conducted among employees of respondentPermex Producer and Exporter Corporation (hereafter referred to as Permex Producer). The results ofthe elections were as follows:
National Federation of Labor (NFL) – 235, No Union – 466, Spoiled Ballots – 18, Marked Ballots – 9, Challenged Ballots – 7
However, some employees of Permex Producer formed a labor organization known as the Samahang Manggagawa sa Permex (SMP) which they registered with the Department of Labor and Employment onMarch 11, 1991.
The union later affiliated with the Philippine Integrated Industries Labor Union (PIILU).On August 16, 1991, Samahang Manggagawa sa Permex-Philippine Integrated Industries Labor Union(SMP-PIILU), wrote the respondent company requesting recognition as the sole and exclusive bargaining representative of employees at the Permex Producer.
On October 19, 1991 Permex Producer recognized SMP-PIILU and, on December 1, entered into a collective bargaining agreement with it.
The CBA was ratified between December 9 and 10, 1991 by the majority of the rank and file employees of Permex Producer. On December 13, 1991, it was certified by the DOLE On February 25, 1992, respondent NFL filed a petition for certification election, but it was dismissed by the Med-Arbiter in an order on August 20, 1992. Respondent NFL then appealed the order to the Secretary of Labor and Employment. On October 8, 1992, the Secretary of Labor, through Undersecretary Bienvenido Laguesma, set aside the order of the Med-Arbiter and ordered a certification election to be conducted among the rank and file employees at the Permex Producer
ISSUE: WON the order
of the Public Respondent of the conduct of certification election valid.
HELD: Yes, the
challenged decision and order of the respondent Secretary of Labor
are AFFIRMED.
Certification
election is the most effective and the most democratic way of determining which
labor organization can truly represent the working force in the appropriate
bargaining unit of a company. But it is not enough that a union has the support
of the majority of the employees. It is equally important that everyone in the
bargaining unit be given the opportunity to express himself
The
Contract Bar Rule is not applicable in this case. The purpose of the rule is to
ensure stability in the relationships of the workers and the management by
preventing frequent modifications of any collective bargaining agreement
earlier entered into by them in good faith and for the stipulated original
period. The petitioner entered into a CBA with Permex Producer when its status
as exclusive bargaining agent of the employees had not been established yet.
DISPOSITIVE: Decision and order by Sec. of
Labor affirmed.
DOCTRINE: The purpose of the Contract Bar
rule is to ensure stability in the relationships of the workers and the
management by preventing frequent modifications of any collective bargaining
agreement earlier entered into by them in good faith and for the stipulated
original period.
No comments:
Post a Comment