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SAMAHAN NG MANGGAGAWA SA PACIFIC PLASTIC v. BIENVENIDO LAGUESMA

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GR No. 172132
2014-07-23
HERITAGE HOTEL MANILA v. SECRETARY OF LABOR
BERSAMIN, J.
Under the long established rule, too, the filing of the petition for the cancellation of NUWHRAIN-HHMSC's registration should not bar the conduct of the certification election.[35] In that respect, only a final order for the cancellation of the registration would have prevented NUWHRAIN-HHMSC from continuing to enjoy all the rights conferred on it as a legitimate labor union, including the right to the petition for the certification election.[36] This rule is now enshrined in Article 238-A of the Labor Code, as amended by Republic Act No. 9481,[37] which reads: Article 238-A. Effect of a Petition for Cancellation of Registration. A petition for cancellation of union registration shall not suspend the proceedings for certification election nor shall it prevent the filing of a petition for certification election.