Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1985 > May 1985 Decisions > G.R. No. 70185 May 27, 1985 - SANDIGAN NG MANGGAGAWA SA SHOEMART v. CRESENCIO B. TRAJANO:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 70185. May 27, 1985.]

SANDIGAN NG MANGGAGAWA SA SHOEMART-NATIONAL FEDERATION OF LABOR [SMS-NFL], Petitioner, v. HON. CRESENCIO B. TRAJANO, in his capacity as Director of the Bureau of Labor Relations, Ministry of Labor and Employment, SHOEMART EMPLOYEES UNION [SMEU] and PHILIPPINE ASSOCIATION OF FREE LABOR UNIONS [PAFLU], Respondents.

Ernesto R. Arellano for Petitioner.

Manuel R. Guerrero for Respondent.


R E S O L U T I O N


ESCOLIN, J.:


We grant this petition for certiorari and mandamus and, accordingly, Director Cresencio B. Trajano of the Bureau of Labor Relations is hereby directed to call a certification election to determine the collective bargaining representative of the rank and file workers of respondent SM Shoemart, Inc.

On May 25, 1984, petitioner Sandigan ng Manggagawa sa Shoemart-National Federation of Labor [SMS-NFL] filed with the Med-Arbiter Section of the National Capital Region, MOLE, a petition for certification election of the employees of SM Shoemart, Inc.

The petition was opposed by respondent Shoemart Employees Union [SMEU] and SM Shoemart, Inc. on the grounds that the petition was not signed by 30% of the establishment’s labor force; 1 and that the existence of the new collective bargaining agreement entered into on October 19, 1983 by and between SM Shoemart, Inc. and the respondent SMEU as exclusive bargaining agent of all Shoemart employees, proscribes the holding of a certification election under the contract bar rule. 2

Respondent Philippine Association of Free Labor Unions [PAFLU] filed a motion to intervene in the proceedings for the purpose of justifying its right, as one of the contending unions, to participate in the certification election sought by petitioner Union. 3

After due hearing, the Med-Arbiter, in a resolution dated September 4, 1984, granted the petition for certification election. He ruled that [a] the contract bar rule does not apply to the petition because the new CBA was signed prematurely, i.e., more than six [6] months before the expiration of the previous CBA on May 31, 1984; 4 and [b] even disregarding the nineteen [19) supposedly duplicated signatures and the two [2] signatures of persons allegedly not employees of SM Shoemart, Inc., the petition was actually supported by 1,244 out of 3,347 employees, or more than 30% of the labor force of SM Shoemart, Inc. In the said resolution, however, the intervention of respondent PAFLU was denied primarily because no representative of the PAFLU appeared during the hearing of the motion for intervention and the intervention lacked the signatures of 30% of the total number of employees of SM Shoemart, Inc.chanrobles lawlibrary : rednad

Thus, the holding of a certification election was ordered by the Med-Arbiter among the rank and file workers of SM Shoemart, Inc. with the following choices, to wit:chanrob1es virtual 1aw library

1. SANDIGAN NG MANGGAGAWA SA SHOEMART-NATIONAL FEDERATION OF LABOR

2. SHOEMART EMPLOYEES UNION

3. NO UNION.

On appeal, the respondent Director of the Bureau of Labor Relations, acting on the allegations of respondent SM Shoemart, Inc. that in the two sets of signatures supporting the petition, one submitted on June 4, 1984 and the other on June 13, 1984, there were a number of forgeries, illegible entries, double, triple and quadruple entries and signatures belonging to non-employees, thereby impairing the 30% subscription requirement; and that intervenor PAFLU was not given the opportunity to substantiate its bid to participate in the proceedings, ordered the case remanded to the Med-Arbiter for further hearing. Respondent Director ruled that —

"There is need, therefore, to subject the dispute to further hearing at the level of the Med-Arbiter. In that manner, all questions of fact that have been raised in this representation proceedings would be fully threshed out." (Rollo, p. 28).

We set aside the above resolution of respondent Director. The issue as to whether petitioners had complied with the 30% signature rule had already been resolved in the proceedings before the Med-Arbiter. The petitioner alleges, and respondents do not deny, "that no certification election has been held at SM-Shoemart, Inc. for the last 13 years, to be exact since 1971." 5 To remand the case to the Med-Arbiter for the purpose of giving PAFLU the opportunity to substantiate its claim that it could comply with the 30% requirement would only delay the holding of an election to finally determine the true bargaining representative of the employees. Besides, in the case of Scout Albano v. Noriel, 6 this Court held that "the Bureau of Labor Relations, in the exercise of sound discretion, may order a certification election notwithstanding, the failure to meet the 30% requirement.chanrobles.com : virtual law library

WHEREFORE, respondent Director is hereby ordered to call a certification election among the rank and file workers of SM Shoemart, Inc. with the following choices:chanrob1es virtual 1aw library

1. Sandigan ng mga Manggagawa sa SM-National Federation of Labor;

2. Shoemart Labor Union;

3. Philippine Association for Free Labor Unions;

4. No Union.

Makasiar (Chairman), Aquino, Abad Santos and Cuevas, JJ., concur.

Concepcion, Jr., J., is on leave.

Endnotes:



1. Rollo, p. 38, p. 46.

2. Rollo, p. 39, p. 45.

3. Rollo, p. 65.

4. Rollo, p. 31.

5. Petition, p. 3.

6. 85 SCRA 499.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






May-1985 Jurisprudence                 

  • G.R. No. L-56893 May 3, 1985 - PEDRO SISON, SR. v. MINISTRY OF NATIONAL DEFENSE

  • G.R. No. L-59787 May 3, 1985 - CRISTINA V. JASMINEZ v. FABIAN C. VER

  • G.R. No. L-58912 May 7, 1985 - ROBERTO R. DE LUZURIAGA, SR. v. MIDPANTAO L. ADIL

  • G.R. No. L-66547 May 7, 1985 - FRANCISCO MOGUEIS, JR. v. COURT OF APPEALS

  • G.R. No. L-67540 May 7, 1985 - FLORENDA SALCEDO v. ESTHER NOBLES BANS

  • G.R. No. L-69800 May 7, 1985 - ALFREDO MONTELIBANO v. BACOLOD-MURCIA MILLING CO., INC.

  • G.R. No. L-32737 May 8, 1985 - GREGORIO A. CONCON v. COURT OF APPEALS

  • G.R. No. L-43086 May 8, 1985 - FELIPE Z. CAÑETE v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-45234 May 8, 1985 - R and B SURETY & INSURANCE CO., INC. v. VICTORINO A. SAVELLANO

  • G.R. No. L-60509 May 8, 1985 - LEOPOLDO TOLOSA v. EMPLOYEE’S COMPENSATION COMMISSION

  • G.R. No. L-62354 May 9, 1985 - ROSALINDA GODIZANO v. EMPLOYEES’ COMPENSATION COMMISSION

  • A.C. No. 2131 May 10, 1985 - ADRIANO E. DACANAY v. BAKER & MCKENZIE

  • G.R. No. L-20395 May 13, 1985 - ELTON W. CHASE v. VICTOR BUENCAMINO, SR.

  • G.R. No. L-45382 May 13, 1985 - PEOPLE OF THE PHIL. v. NICOLAS SERRANO

  • G.R. No. L-59879 May 13, 1985 - PATRICIO SINAON v. ANDRES SOROÑGON

  • G.R. No. L-68126 May 13, 1985 - MACTAN RURAL BANK, INC. v. VICENTE LEOGARDO, JR.

  • G.R. No. L-69261 May 13, 1985 - RAJAH LAHUY MINING COMPANY v. JAMES B. PAJARES

  • G.R. No. L-50345 May 14, 1985 - HEIRS OF AGUSTIN FIESTA v. COURT OF APPEALS

  • G.R. No. L-52832 May 14, 1985 - PEOPLE OF THE PHIL. v. HENRY SAMIANO

  • G.R. No. L-60504 May 14, 1985 - MELITON C. GERONIMO v. FIDEL V. RAMOS

  • G.R. No. L-66371 May 15, 1985 - ARMANDO ANG v. JOSE P. CASTRO

  • A.M. No. 2864-P May 16, 1985 - OFFICE OF THE COURT ADMINISTRATOR v. AMANDO S. SORIANO

  • G.R. No. L-52292 May 16, 1985 - FEDERATION OF FREE WORKERS v. EDUARDO P. CAGUIOA

  • G.R. No. L-57348 May 16, 1985 - FRANCISCO DEPRA v. AGUSTIN DUMLAO

  • G.R. No. L-35645 May 22, 1985 - UNITED STATES OF AMERICA v. V.M. RUIZ

  • G.R. No. L-40118 May 22, 1985 - PEOPLE OF THE PHIL. v. IGNACIO Z. PANUELOS

  • G.R. No. L-46126 May 22, 1985 - ESTEBAN S. CRUZ v. DIRECTOR, NATIONAL BUREAU OF INVESTIGATION

  • G.R. No. L-65555 May 22, 1985 - PEOPLE OF THE PHIL. v. ANTINOMENES DUERO

  • A.C. No. 2481 May 24, 1985 - LEONCIO DELA CRUZ v. RICARDO A. FABROS, JR.

  • G.R. No. L-34856 May 24, 1985 - IRENEO MIRALLES v. PEDRO ORO

  • G.R. No. L-62465 May 24, 1985 - ERNESTO S. NIETO v. ROMEO D. MAGAT

  • G.R. No. L-65848 May 24, 1985 - HERNANDO C. LAYNO, SR. v. SANDIGANBAYAN

  • G.R. No. L-68212 May 24, 1985 - SEA-LAND SERVICE, INC. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. L-27718 May 27, 1985 - INDUSTRIAL TEXTILES MANUFACTURING COMPANY v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-39388 May 27, 1985 - RAYMUNDO ERFE v. WILLELMO C. FORTUN

  • G.R. No. L-41412 May 27, 1985 - PEOPLE OF THE PHIL. v. SANCHO NEPOMUCENO

  • G.R. No. L-42419 May 27, 1985 - PACIENCIA VDA. DE PONGAN v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-44258 May 27, 1985 - CENEN G. DIZON v. COURT OF APPEALS

  • G.R. No. L-57051 May 27, 1985 - MERLY M. PAGALUNAN v. STATION COMMANDER ANGELES CITY

  • G.R. No. L-61549 May 27, 1985 - FRANCISCO DE ASIS & CO., INC. v. COURT OF APPEALS

  • G.R. No. L-63535 May 27, 1985 - PHIL. INTERNATIONAL SHIPPING CORP. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 70185 May 27, 1985 - SANDIGAN NG MANGGAGAWA SA SHOEMART v. CRESENCIO B. TRAJANO

  • G.R. No. L-23524 May 31, 1985 - REPUBLIC OF THE PHILIPPINES v. GABRIEL V. VALERO

  • G.R. No. L-45637 May 31, 1985 - ROBERTO JUNTILLA v. CLEMENTE FONTANAR

  • G.R. No. L-56022 May 31, 1985 - GEMILIANO C. LOPEZ, JR. v. COMMISSION ON ELECTIONS

  • G.R. No. L-56744 May 31, 1985 - ROMUALDO AVELLANEDA v. COURT OF APPEALS

  • G.R. Nos. L-57627 & 58966 May 31, 1985 - ROLANDO TINIO v. JOSE P. CASTRO

  • G.R. No. L-63729 May 31, 1985 - PEOPLE OF THE PHIL. v. ERNESTO DEUS

  • G.R. No. L-64204 May 31, 1985 - DEL ROSARIO & SONS LOGGING ENTERPRISES, INC. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. L-65689 May 31, 1986

    SANDOVAL SHIPYARDS, INC. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. L-68032 May 31, 1985 - PEOPLE OF THE PHIL. v. FLORENCIO V. HINSOY

  • G.R. No. L-69098 May 31, 1985 - GEORGIA G. TUMANG v. ODILON I. BAUTISTA

  • G.R. No. L-69437 May 31, 1985 - SIEGFREDO D. OBIAS v. MELECIO B. BORJA

  • G.R. No. L-69623 May 31, 1985 - MASAGANA TELAMART, INC. v. INTERMEDIATE APPELLATE COURT

  • G.R. No. L-69907 May 31, 1985 - PRUDENTIAL BANK v. JOSE P. CASTRO

  • G.R. No. 70744 May 31, 1985 - PEOPLE OF THE PHIL. v. FELIPE RAMIREZ