1) The employer, Notre Dame of Greater Manila, filed a petition questioning a certification election held by its employees' union.
2) The court ruled that the employer had no standing to question or interfere in the certification election, as it is solely a matter for employees.
3) Additionally, the employer's appeal of the mediator's order did not stay the holding of the election, as the appeal referred to in labor laws is specifically of the election order itself, not other orders issued prior to the election.
1) The employer, Notre Dame of Greater Manila, filed a petition questioning a certification election held by its employees' union.
2) The court ruled that the employer had no standing to question or interfere in the certification election, as it is solely a matter for employees.
3) Additionally, the employer's appeal of the mediator's order did not stay the holding of the election, as the appeal referred to in labor laws is specifically of the election order itself, not other orders issued prior to the election.
1) The employer, Notre Dame of Greater Manila, filed a petition questioning a certification election held by its employees' union.
2) The court ruled that the employer had no standing to question or interfere in the certification election, as it is solely a matter for employees.
3) Additionally, the employer's appeal of the mediator's order did not stay the holding of the election, as the appeal referred to in labor laws is specifically of the election order itself, not other orders issued prior to the election.
Notre Dame of Greater Manila vs Laguesma ● Leading to the petition at hand.
Panganiban, June 29, 2004
Issue #1: W/N the holding of the certification election was stayed by Panganiban Summary: Unless it has filed a petition for certification election petitioner’s appeal of the med-arbiter’s notation-order? NO pursuant to Art 258, of the Labor Code an employer has no standing to ● Under Article 259 “Appeal from certification election orders. – Any question such election or to interfere therein. Being the sole concern of the party to an election may appeal the order or results of the election as workers, the election must be free from the influence or reach of the determined by the Med-Arbiter directly to the Secretary of Labor and company. Employment on the ground that the rules and regulations or parts thereof established by the Secretary of Labor and Employment for Facts: the conduct of the election have been violated. Such appeal shall be ● Petition for Review 45, questioning the acts of the CA finding no decided within fifteen (15) calendar days..” grave abuse of discretion in the decisions of the lower courts. ● Sec 10 Rule V Bk V further states that such appeal stays the holding ● Notre Dame of Greater Manila Teachers and Employees Union of the election. (NGTMEU), legitimate labor association filed petition for direct ● Pet is mistaken in considering said notation-order as that which is certification to be the SEBA of the rank and file employees of Pet. referred to in Art 259. It clearly refers only to the order of election. ● Med Arbiter Falconitin granted a petition for certification election and ● This is more obvious when considering that: directed the representation officer to conduct a pre-election o Sec 6 states “...the Med Arbiter shall immediately order the conference conduct of certification election” o certification election instead of direct certfication was granted o Sec 7 states “ any aggrieved party may appeal the order of due to Union’s failure to attend the scheduled hearing as well the Med Arbiter to the Secretary on the ground that the rules as being an unorganized establishment under 257. and regulations...for the conduct of election have been ● On said pre-election conference on Jan 13, ‘92, it was agreed that violated” eligible voters shall be those employees appearing in the list ● Not all orders of Med-Arb are appealable as “interlocutory order… submitted by management as agreed upon by the parties by affxing prior to the grant or denial of the petition, including orders granting their signatures motions for intervention issued after an order calling for a certification ● Pet(NDGM) registered a motion that probationary and substitute election shall not be appealable. Any issue arising therefrom may employees in the list of qualified voters which Falconitin denied by a be raised in the appeal on the decision granting or denying the handwritten notation on said motion petition. ● 4 days after Pet filed an appeal against said handwritten order. ● Intention is to limit the grounds for appeal that may stay the holding ● After another day respondent conducted a certification election in of such election. which the Union won with 56 Y to 23 N and 4 segregated and 1 ● DO 40 - an appeal of a Med-Arbs order to hold a cert. elec. will not spoiled ballot. stay the holding thereof where ● Pet filed a protest on the same day stating that said election should o employer company is an unorganized establishment and have been stayed pending their appeal. o where no union has yet to been duly recognized or certified ● On Jan 27 a motion to cerify the union as the SEBA was filed which as bargaining agent. was granted by Falconitin on March 16 simultaneously dismissing ● Expediting such selection processs advances the primacy of free the protest of Pet. collective bargaining in line with the state’s promotion and emphasis ● 3 days after Pet lodged appeal with the DOLE which Undersectretary of such and also ensures worker’s participation in policy making. Laguesma dismissed for lack of merit. Subsequent MR was also dismissed. ● Pet has no standing to file the appeal in the first place as such ● CA: Affirmed as the order questioned was not an order that could be election is the sole concern of the workers and is only a stranger subject of an appeal to the SoLE. Staying the elections was which had no right to interfere. It has no material interest in this case. unneccesary. Complaints of the elections should be raised with the Only the employees themselves being the Real Parties in interest registration Rep before close of proceedings. Also pet has no may question their removal from the voter’s list. standing regarding inclusion as it was merely an intruder in such ● Ct. quoted Joya v PCGG in defining legal standing. proceedings. ● Pet argument that it only interfered with the support of said excluded employees and wrongly quoted Monark Intl v Noriel among others. Such cases stated the opposite of the Pet assertion. ● True all employees should be given oppurtunity to participate, such cannot clothe the employer with personality in any case. ● The Ct held on Monark Intl: o “It is true that there may be circumstances where the interest of the employer calls for it being heard on the matter (cert elec)...This case certainly does not fall within the exception. Sound policy dictates that as much as possible, management is to maintain a strictly hands off policy. For if it does not, it may lend itself to the legitimate suspicion that it is partial to one of the contending [choices in the election]. ● “This court would be the last agency to support an attempt to interfere with a purely internal affair of labor.