TAKATA CORPORATION VS BLR G.R. No. 196276

Topic: Cancellation of Union Certificate of Registration

FACTS:

Petitioner filed with the Department of Labor and Employment (DOLE) Regional Office a Petition3 for Cancellation of the Certificate of Union Registration of Respondent Samahang Lakas Manggagawa ng Takata (SALAMA1) on the ground that the latter is guilty of misrepresentation, false statement and fraud with respect to the number of those who participated in the organizational meeting, the adoption and ratification of its Constitution and By-Laws, and in the election of its officers.

Petitioner’s contentions:

a.     In the organizational meeting of respondent, only 68 attendees signed the attendance sheet, and which number comprised only 17% of the total number of the 396 regular rank- and-file employees which respondent sought to represent, and hence, respondent failed to comply with the 20% minimum membership requirement.

b.    the document "Pangalan ng mga Kasapi ng Unyon" bore no signatures of the alleged 119 union members

c.     employees were not given sufficient information on the documents they signed

d.    the document "Sama-Samang Pahayag ng Pagsapi" was not submitted at the time of the filing of respondent's application for union registration

e.     the 119 union members were actually only 117

f.     that the total number of petitioner's employees as of May 1, 2009 was 470, and not 396 as respondent claimed

3      Respondent’s defense:

a.     denied the charge and claimed that the 119 union members were more than the 20% requirement for union registration

b.    contended that petitioner was estopped from assailing its legal personality as it agreed to a certification election and actively participated in the pre-election conference of the certification election proceedings

c.     argued that the union members were informed of the contents of the documents they signed and that the 68 attendees to the organizational meeting constituted more than 50% of the total union membership, hence, a quorum existed for the conduct of the said meeting

DOLE Regional Director issued a Decision granting the petition for cancellation of respondent's certificate of registration. The Regional Director found that the 68 employees who attended the organizational meeting was obviously less than 20% of the total number of 396 regular rank-and-file employees which respondent sought to represent, hence, short of the union registration requirement;

BLR rendered its Decision reversing the Order of the Regional Director. BLR found that the list of employees who participated in the organizational meeting was a separate and distinct requirement from the list of the names of members comprising at least 20% of the employees in the bargaining unit

CA affirmed BLR

ISSUE: W/N respondent’s registration should be cancelled on the grounds of fraud and misrepresentation bearing on the minimum requirement of the law as to its membership, considering the big disparity in numbers, between the organizational meeting and the list of members

RULING: Registration should not be cancelled. No fraud or misrepresentation.

RATIO: It does not appear in Article 234 (b) of the Labor Code that the attendees in the organizational meeting must comprise 20% of the employees in the bargaining unit. In fact, even the Implementing Rules and Regulations of the Labor Code does not so provide. It is only under Article 234 (c) that requires the names of all its members comprising at least twenty percent (20%) of all the employees in the bargaining unit where it seeks to operate. Clearly, the 20% minimum requirement pertains to the employees’ membership in the union and not to the list of workers who participated in the organizational meeting. Indeed, Article 234 (b) and (c) provide for separate requirements, which must be submitted for the union's registration, and which respondent did submit. Here, the total number of employees in the bargaining unit was 396, and 20% of which was about 79. Respondent submitted a document entitled "Pangalan ng Mga Kasapi ng Unyon" showing the names of 119 employees as union members, thus respondent sufficiently complied even beyond the 20% minimum membership requirement. Respondent also submitted the attendance sheet of the organizational meeting which contained the names and signatures of the 68 union members who attended the meeting. Considering that there are 119 union members which are more than 20% of all the employees of the bargaining unit, and since the law does not provide for the required number of members to attend the organizational meeting, the 68 attendees which comprised at least the majority of the 119 union members would already constitute a quorum for the meeting to proceed and to validly ratify the Constitution and By-laws of the union. There is, therefore, no basis for petitioner to contend that grounds exist for the cancellation of respondent's union registration. For fraud and misrepresentation to be grounds for cancellation of union registration under Article 239 of the Labor Code, the nature of the fraud and misrepresentation must be grave and compelling enough to vitiate the consent of a majority of union members.

DISPOSITIVE: Samahan won. Their registration should not be cancelled.

DOCTRINE: Clearly, the 20% minimum requirement pertains to the employees’ membership in the union and not to the list of workers who participated in the organizational meeting.

For fraud and misrepresentation to be grounds for cancellation of union registration under Article 239 of the Labor Code, the nature of the fraud and misrepresentation must be grave and compelling enough to vitiate the consent of a majority of union members.