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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
November-1958 Jurisprudence                 

  • G.R. No. L-9073 November 17, 1958 - TRADERS INSURANCE & SURETY COMPANY v. DY ENG GIOK

    104 Phil 806

  • G.R. No. L-11273 November 21, 1958 - ACOJE MINES EMPLOYEES, ET AL. v. ACOJE LABOR UNION, ET AL.

    104 Phil 814

  • G.R. No. L-11527 November 25, 1958 - COLLECTOR OF INTERNAL REVENUE v. SUYOC CONSOLIDATED MINING COMPANY, ET AL.

    104 Phil 819

  • G.R. No. L-9055 November 28, 1958 - NATIONAL SHIPYARDS AND STEEL CORPORATION v. DEOGRACIAS ALMIN

    104 Phil 835

  • G.R. No. L-9595 November 28, 1958 - PEDRO PASCUA v. MARIANO COPUYOC

    104 Phil 837

  • G.R. No. L-10869 November 28, 1958 - IN RE: ANDREW BALCK v. REPUBLIC OF THE PHIL.

    104 Phil 848

  • G.R. No. L-11010 November 28, 1958 - BASILIO L. GUISADIO v. SECRETARY OF PUBLIC WORKS AND COMMUNICATIONS, ET AL.

    104 Phil 849

  • G.R. No. L-11019 November 28, 1958 - QUE PO LAY v. CENTRAL BANK OF THE PHILIPPINES, ET AL.

    104 Phil 853

  • G.R. No. L-11321 November 28, 1958 - RIO GRANDE RUBBER ESTATE COMPANY, INC. v. BOARD OF LIQUIDATORS, ET AL.

    104 Phil 863

  • G.R. No. L-11511 November 28, 1958 - TAN SIN v. DEPORTATION BOARD

    104 Phil 868

  • G.R. No. L-11787 November 28, 1958 - SHERIFF OF THE CITY OF MANILA v. ANGEL JOSE REALTY CORP., INC., ET AL.

    104 Phil 874

  • G.R. No. L-10195 November 29, 1958 - BELMAN COMPAÑIA INCORPORADA v. CENTRAL BANK OF THE PHILIPPINES

    104 Phil 877

  • G.R. No. L-10679 November 29, 1958 - ABELARDO PAGES v. BASILAN LUMBER COMPANY

    104 Phil 882

  • G.R. No. L-10761 November 29, 1958 - IN RE: CELESTINO CO Y QUING REYES v. REPUBLIC OF THE PHIL.

    104 Phil 889

  • G.R. No. L-11282 November 29, 1958 - MANUEL I. GONZALES v. COURT OF APPEALS, ET AL.

    104 Phil 899

  • G.R. No. 11951 November 29, 1958 - CENON BUENCAMINO v. PASTOR P. REYES

    104 Phil 906

  • G.R. No. L-12335 November 29, 1958 - CANUTO PAGDANGANAN v. COURT OF AGRARIAN RELATIONS, ET AL.

    104 Phil 910

  • G.R. Nos. L-13393-95 November 29, 1958 - SALANI UNA v. FELISA C. NOCHE, ET AL.

    104 Phil 914

  •  





     
     

    G.R. No. L-11273   November 21, 1958 - ACOJE MINES EMPLOYEES, ET AL. v. ACOJE LABOR UNION, ET AL. <br /><br />104 Phil 814

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-11273. November 21, 1958.]

    ACOJE MINES EMPLOYEES and ACOJE UNITED WORKERS UNION, Petitioners-Appellants, v. ACOJE LABOR UNION (PELTA) and ACOJE MINING CO., Respondents-Appellees.

    Alberto O. Villaraza for Appellants.

    Eulalio B. Garcia for appellee Labor Union (PELTA).

    Perkins & Ponce Enrile for appellee Mining Company.


    SYLLABUS


    1. CERTIFICATION ELECTION; CHARGE OF COMPANY DOMINATION SUSPENDS PROCEEDINGS. — A charge of company domination is a prejudicial question that until decided, shall suspend or bar proceedings for certification election.

    2. ID.; PETITION BY 10 PER CENT OF WORKERS; WHEN COURT MAY NOT ORDER ELECTION. — Even if the petition for certification election is submitted and signed by at least 10 per cent of all the workers in the bargaining unit, the Court may not order a certification election (1) when a certification election had occurred within one year; (2) when there is an unexpired bargaining agreement not exceeding two years; and (3) when there is pending charge of company-domination of one of the labor unions intending to participate in the election.


    D E C I S I O N


    BENGZON, J.:


    This petition for review involves the suspension of proceedings for certification election. There are decisions squarely in point.

    In case No. 288-MC of the Court of Industrial Relations, 334 employees of the Acoje Mines Inc., signed and submitted to that court in August 1955, a petition for certification election, alleging that for the six hundred and twenty employees in the corporation, there were two legitimate labor organizations, namely, the Acoje United Workers Union — hereinafter called Workers Union — and the Acoje Labor Union (Pelta) — hereinafter called Pelta - and that an election was necessary to choose the true representative of the employees for purposes of collective bargaining.

    The workers Union manifested its willingness to submit to election.

    On the other hand, the Pelta objected, alleging among other defenses:chanrob1es virtual 1aw library

    (a) An existing collective bargaining contract for four years (1954-1958) between the Acoje Mining Company — hereinafter designated as the Mining Company — and the Pelta; and

    (b) The Court had, under investigation, an unfair labor practice complaint (Case No. 255-ULP) wherein the Mining Company stood charge with having assisted in the organization of the Workers Union and of controlling the same.

    The Mining Company admitted the existence of the Bargaining Agreement; but in view of the pronouncements of this Court in PLDT Employees Union v. Philippine Long Distance Telephone Co., 91 Phil., 424, 51 Off. Gaz., 4519, it submitted the question whether the existence of said Agreement could prevent the certification election, since there had been "no certification election held during the twelve months prior to the date of the present request of the employees." By its motion of December 22, 1954, the Pelta, reiterating the points mentioned in its answer, prayed that the holding of certification election be held in abeyance. The Workers Union opposed; but the Court ordered suspension, because it "had invariably suspended the proceedings in certification election cases until after the termination of the unfair labor practice cases alleging company domination."cralaw virtua1aw library

    Having failed in a move to reconsider, the employees took the matter to this Court. This time they were joined, as petitioners, by the Workers Union.

    There is no question that, months before the presentation of the employee’s petition for election, — to be more specific, on May 19, 1954, — the Pelta complained to the Industrial Court that the Mining Company had organized a company-dominated labor association called Acoje United Workers Union; that it had performed several acts of discrimination against workers of the Pelta even as it favored members of the Workers Union, openly encouraging and urging its laborers to join the latter.

    There is no assertion that such complaint was flimsy, or made in bad faith or filed purposely to forestall the certification election. So, no reason existed for the Industrial Court to depart from its established practice of suspending the election proceeding. And this seems to be accepted rule in the law of labor relations, the reason being, in the words of Mr. Justice Montemayor, if there is a union dominated by the company, to which some of the workers belong, an election among workers and employees of the company would not reflect the true sentiment and wishes of the said workers and employees because the votes of the members of the dominated union would not be free." 1

    And we have held, through Mr. Justice J. B. L. Reyes, that such charge of company domination is a prejudicial question that until decided, shall suspend or bar proceedings for certification election." 2

    Indeed, if as a result of the Pelta’s complaint in Case No. 255- ULP, the Workers Union should be ordered dissolved 3 as a company-dominated union, any election held in the meantime would be a waste of energy and money to all parties concerned.

    Petitioners herein take the position that once a petition for certification election is submitted and signed by at least 10 per cent (10%) of all the workers in the bargaining unit, it is mandatory upon the Court to order a certification election — with no exceptions. They quote section 12(c) of Republic Act 875, which reads as follows:jgc:chanrobles.com.ph

    "SEC. 12(c). In an instance where a petition is filed by at least ten per cent of the employees in the appropriate unit requesting an election, it shall be mandatory on the Court to order an election for the purpose of determining the representative of the employees for the appropriate bargaining unit."cralaw virtua1aw library

    The above command to the Court is not so absolute as it may appear at first glance. The statute itself expressly recognizes one exception: when a certification election had occurred within one year. 4 And the judicial and administrative agencies have found two exceptions: where there is an unexpired bargaining agreement not exceeding two years 5 and when there is a pending charge of company-domination of one of the labor unions intending to participate in the election. 6

    Anent the contention that the Industrial Court’s order amounted to a curtailment of the rights of the majority, it is enough to point out that petitioners have not yet shown, in an election, that they constitute the majority; and as indicated by the decisions, the suspension was decreed and desired precisely for the purpose of insuring that the wishes of the majority of the workers freely exercising the right to vote, shall be expressed — without interference by the employer, without the hindrances affecting a company-dominated association.

    Wherefore, the Industrial Court acted prudently and legally in ordering the suspension upon the ground already mentioned. And thus the necessity is obviated of passing on the issue whether the existing bargaining agreement of four years was another obstacle to the certification election. The Mining Company, it may be noted, expressing its neutrality upon the two questions in debate, asked for a declaration of the continued effectivity until February 1958 of its agreement with the Pelta, should a certification election be approved in this Court.

    Inasmuch as we decline to direct the holding of such election, and as February 1958 has already come and gone, we find it unnecessary to make the declaration prayed for.

    Accordingly the petition for review is denied, with costs against petitioners.

    Paras, C.J., Padilla, Montemayor, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L. and Endencia, JJ., concur.

    Endnotes:



    1. Manila Paper Mills Employees v. Court of Industrial Relations, supra, p. 10.

    2. Standard Cigarette Workers Union v. Court of Industrial Relations, 53 Off. Gaz., 5216.

    3. Sec. 23 (d) Republic Act 875.

    4. Sec. 12 (b) Republic Act 875.

    5. Where in view of the nature of the business such term is found to be reasonable. PLDT Employees Union v. Phil. Long Distance,supra.

    6. Manila Paper Mills, supra. Standard Cigarette, supra. Unless the same Union that charged the company with unfair labor practice, insists in holding election despite pendency of such charge.

    G.R. No. L-11273   November 21, 1958 - ACOJE MINES EMPLOYEES, ET AL. v. ACOJE LABOR UNION, ET AL. <br /><br />104 Phil 814


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