This case has been cited 2 times or more.
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2013-07-23 |
PERALTA, J. |
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| Private respondent, however, countered that petitioner failed to substantiate its claim that some of the employees included in the petition for certification election holds managerial and supervisory positions.[14] Assuming it to be true, it argued that Section 11 (II),[15] Rule XI of DOLE Department Order (D.O.) No. 9, Series of 1997, provided for specific instances in which a petition filed by a legitimate organization shall be dismissed by the Med-Arbiter and that "mixture of employees" is not one of those enumerated. Private respondent pointed out that questions pertaining to qualifications of employees may be threshed out in the inclusion-exclusion proceedings prior to the conduct of the certification election, pursuant to Section 2,[16] Rule XII of D.O. No. 9. Lastly, similar to the ruling in In Re: Globe Machine and Stamping Company,[17] it contended that the will of petitioner's employees should be respected as they had manifested their desire to be represented by only one bargaining unit. To back up the formation of a single employer unit, private respondent asserted that even if the teachers may receive additional pay for an advisory class and for holding additional loads, petitioner's academic and non-academic personnel have similar working conditions. It cited Laguna College v. Court of Industrial Relations,[18] as well as the case of a union in West Negros College in Bacolod City, which allegedly represented both academic and non-academic employees. | |||||
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2011-03-16 |
DEL CASTILLO, J. |
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| On April 30, 1999, Med-Arbiter Tomas F. Falconitin issued a Decision[6] dismissing the petition for certification election. The Med-Arbiter ruled that petitioner union is not a legitimate labor organization because the Charter Certificate, "Sama-samang Pahayag ng Pagsapi at Authorization," and "Listahan ng mga Dumalo sa Pangkalahatang Pulong at mga Sumang-ayon at Nagratipika sa Saligang Batas" were not executed under oath and certified by the union secretary and attested to by the union president as required by Section 235 of the Labor Code[7] in relation to Section 1, Rule VI of Department Order (D.O.) No. 9, series of 1997. The union registration was, thus, fatally defective. | |||||