85 JISSCOR Independent Union v.

Torres AUTHOR: TIGLAO

[G.R. No. 97189 | 11 May 1993] NOTES: Easy case
TOPIC: Certification Election Process Posting Notice
PONENTE: J. Grio Aquino
CASE LAW/ DOCTRINE:
Certification Election; Protests, not appearing in the minutes of a certification election, are deemed waived

The execution of an agreement to waive the mandatory five (5) days posting of election notices binds the parties
thereto, by the doctrine of estoppel.There is no merit in the petitioners contention that the non-posting of the notice
of the certification election as prescribed by Section 1, Rule VI, Book V of the Omnibus Rules Implementing the Labor
Code misled and confused the workers regarding the mechanics of the election. The petitioner is estopped from raising
that issue for it signed an agreement with the private respondent to waive the mandatory five (5) days posting of
election notices. The doctrine of estoppel is based on grounds of public policy, fair dealing, good faith and justice, and
its purpose is to forbid one to speak against his own act, representations, or commitments to the injury of one to whom
they were directed and who reasonably relied thereon
EMERGENCY RECIT
There were as an agreement entered into by two (2) unions and the management setting the date and time of the
certification election and waiving the mandatory five (5) day posting requirement. After the election, the petitioner,
which is the losing union, filed a protest averring the lack of notice. The Court held that it was estopped from raising
the issue because the same was not in the minutes (only one ground was raised) and that it entered into the agreement
that waived such requirement.
FACTS:
In June 1990, JISSCOR Independent Union filed before the DOLE Med-Arbitration Unit a petition for
certification election among the rank-and-file employees of JISSCOR.
By agreement of petitioner union, SMJ-ALU and the JISSCOR management, the Med-Arbiter issued an order
setting the certification election on September 4.
On the scheduled date, instead of an election, another pre-election conference was held by DOLE, wherein the
same parties entered into agreement wherein elections will be conducted on September 6 and that the
mandatory five (5) days posting is hereby waived by agreement of the parties.
The elections resulted to the loss of the petitioner union.
JISSCOR Union registered a protest in the minutes of the election stating that: We file protest on the following
grounds: using visor, emblem, pin.
It then filed a formal protest before the DOLE alleging that the election was disorderly and irregular for failure
to comply with the mandatory posting of notice of certification election and necessary list of qualified voters.
This allegedly resulted to the workers being misled and misinformed about the manner of the elections.
Med Arbiter issued an order declaring the certification election null and void.
SOLE granted the appeal of SMJ-ALU. It issued an order certifying the latter as the sole and exclusive
bargaining agent.
ISSUE(S): W/N the election should be nullified

HELD: No. Petition denied.

RATIO:
The Labor Code provides the grounds under which a protest may be filed on the spot or in writing with the
representation officer. Protests not so raised are deemed waived.
The minutes show that JISSCOR Union only protested against ground #5 (use of emblem, visor, pin). Hence,
other protests not so raised are deemed waived.
There is no merit in contention that non-posting of the notice misled and confused the workers regarding the
mechanics of the election. The Union is estopped from raising that issue because it signed an agreement with
SMJ-ALU to waive such posting.
The doctrine of estoppel is based on grounds of public policy. Its purpose is to forbid one to speak against his
own act, representation, or commitments to the injury of one to whom they were directed and who reasonably
relied thereon
Results of the election fail to support the Unions allegation that the workers were misinformed because only
three ballots were actually spoiled