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PROGRESSIVE DEVELOPMENT CORPORATION v. SECRETARY

This case has been cited 4 times or more.

	GR No. 172132 2014-07-23	HERITAGE HOTEL MANILA v. SECRETARY OF LABOR BERSAMIN, J.
The petitioner posits that the grounds for dismissing a petition for the certification election under Section 11, Rule XI of Department Order No. 9, Series of 1997, were not exclusive because the other grounds available under the Rules of Court could be invoked; that in Progressive Development Corporation v. Secretary, Department of Labor and Employment,[28] the Court ruled that prudence could justify the suspension of the certification election proceedings until the issue of the legality of the union registration could be finally resolved; that the non-submission of the annual financial statements and the list of members in the period from 1996 to 1999 constituted a serious challenge to NUWHRAIN-HHMSC's right to file its petition for the certification election; and that from the time of the conduct of the certification election on June 23, 2000, the composition of NUWHRAIN-HHMSC had substantially changed, thereby necessitating another certification election to determine the true will of the bargaining unit.
	GR No. 172699 2011-07-27	ELECTROMAT MANUFACTURING v. CIRIACO LAGUNZAD BRION, J.
We rule in the affirmative. Earlier in Progressive Development Corporation v. Secretary, Department of Labor and Employment,[19] the Court encountered a similar question on the validity of the old Section 3, Rule II, Book V of the Rules Implementing the Labor Code [20] which stated: Union affiliation; direct membership with a national union. - The affiliate of a labor federation or national union may be a local or chapter thereof or an independently registered union.
	GR No. 160352 2008-07-23	REPUBLIC v. KAWASHIMA TEXTILE MFG. AUSTRIA-MARTINEZ, J.
Respondent filed a Motion to Dismiss[8] the petition on the ground that KFWU did not acquire any legal personality because its membership of mixed rank-and- file and supervisory employees violated Article 245 of the Labor Code, and its failure to submit its books of account contravened the ruling of the Court in Progressive Development Corporation v. Secretary, Department of Labor and Employment.[9]
	GR No. 162356 2008-04-14	DONG SEUNG INCORPORATED v. BUREAU OF LABOR RELATIONS AUSTRIA-MARTINEZ, J.
Petitioner cannot rely on the ruling of the Court in Progressive Development Corporation v. DOLE Secretary[30] as said case is hardly germane to the present case. For one, Progressive Development Corporation involved a petition for certification of election, and not a petition for cancellation of union registration. Thus, the Court merely restrained action on the petition for certification filed by the local union whose legitimacy was under question, but did not cancel the registration of said union. Moreover, the defect in the registration of the said union consisted of the utter lack of a secretary's certification under oath. On the other hand, in the present case, the documents filed by respondent union contain the requisite secretary's certification which, along with the entire application, was found by the BLR to have been duly notarized.