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PROGRESSIVE DEVELOP- Search … !

MENT CORPORATION vs.

THE HONORABLE SECRE-
RECENT POSTS
TARY, DEPARTMENT OF LA- NFF INDUSTRIAL

BOR AND EMPLOY- CORPORATION, vs. G & L

ASSOCIATED BROKERAGE G.R.

MENT, MED-ARBITER EDGAR-

No. 178169, January 12, 2015
GLENN VIÑAS, vs. MARY GRACE
PAREL-VIÑASG.R. No. 208790,

DO DELA CRUZ and PAM- January 21, 2015

ROBERTO CO vs. KENG HUAN

BANSANG KILUSAN NG PAG- JERRY YEUNG AND EMMA Follow

YEUNG G.R. No. 212705, 10

GAWA (KILUSAN)-TUCP
September 2014
ASIAN TERMINALS, INC., vs.
FIRST LEPANTO-TAISHO

G.R. No. 96425, 4 Feb- INSURANCE CORPORATION

G.R. No. 185964, 16 June 2014

ruary 1992 FORTUNE MEDICARE, INC. vs.

DAVID ROBERT U. AMORIN G.R.
No. 195872, 12 March 2014

SunnyDay FACTS: RECENT COMMENTS

December 22, 2015

LABOR RELATIONS The controversy in this case centers on the requirement

s before a local or chapter of a federation may file a petit
ARCHIVES
ion for certification election and be certified as the sole a
nd exclusive bargaining agent of the petitioner’s employ April 2016
ees. December 2015

Pambansang Kilusan ng Paggawa (KILUSAN) -

TUCP (hereinafter referred to as Kilusan) filed with the
CATEGORIES
Department of Labor and Employment (DOLE) a petition
for certification election among the rank-and- Select Category
file employees of the petitioner alleging that it is a legiti
mate labor federation and its local chapter, Progressive
Development Employees Union, was issued charter certi
ficate. Kilusan claimed that there was no existing collect META

ive bargaining agreement and that no other legitimate la Register

bor organization existed in the bargaining unit. Log in
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Petitioner PDC filed its motion to dismiss contending th WordPress.com
at the local union failed to comply with Rule II Section 3,
Book V of the Rules Implementing the Labor Code, as a
mended, which requires the submission of: (a) the const
itution and by-
laws; (b) names, addresses and list of officers and/or me
mbers; and (c) books of accounts.

ISSUE:

Whether or not a local union need to be a Legitimate Lab

or Union on despite its issuance of charter certificate.

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RULING:

Yes. But while Article 257 cited by the Solicitor General d

irects the automatic conduct of a certification election in
an unorganized establishment, it also requires that the
petition for certification election must be filed by a legiti
mate labor organization. Article 242 enumerates the exc
lusive rights of a legitimate labor organization among w
hich is the right to be certified as the exclusive represent
ative of all the employees in an appropriate collective ba
rgaining unit for purposes of collective bargaining.

Meanwhile, Article 212(h) defines a legitimate labor org

anization as “any labor organization duly registered wit
h the DOLE and includes any branch or local thereof.” (E
mphasis supplied) Rule I, Section 1(j), Book V of the Imp
lementing Rules likewise defines a legitimate labor orga
nization as “any labor organization duly registered with
the DOLE and includes any branch, local or affiliate ther
eof.”

It is important to clarify the relationship between the m

other union and the local union. In the case of Liberty Co
tton Mills Workers Union v. Liberty Cotton Mills, Inc., 6
6 SCRA 512 [1975]), the Court held that the mother unio
n, acting for and in behalf of its affiliate, had the status o
f an agent while the local union remained the basic unit
of the association, free to serve the common interest of
all its members subject only to the restraints imposed by
the constitution and by-
laws of the association. Thus, whereas in this case the pe
tition for certification election was filed by the federatio
n which is merely an agent, the petition is deemed to be
filed by the chapter, the principal, which must be a legiti
mate labor organization. The chapter cannot merely rely
on the legitimate status of the mother union.

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PROGRESSIVE DEVE LOPEZ SUGAR CORP HOLY CHILD CATHO

LOPMENT CORPORA ORATION vs.
TION vs.
THE HONORABLE SE F LABOR AND EMPL
CRETARY, DEPART
MENT OF LABOR AN
D EMPLOYMENT, M
ED-
ARBITER EDGARDO
DELA CRUZ and PA
MBANSANG KILUSA
N NG PAGGAWA (KI
LUSAN)-TUCP
G.R. No. 96425, 4 Fe
bruary 1992
In "LABOR
RELATIONS"
LIC SCHOOL vs. HON
HON. SECRETARY O . PATRICIA STO. TO
MAS, in her official c
OYMENT, NATIONA apacity as Secretary
L CONGRESS OF UNI of the Department o
ONS IN THE SUGAR I f Labor and Employ
NDUSTRY OF THE P ment, and PINAG-
HILIPPINES (NACUS ISANG TINIG AT LA
IP) and COMMERCIA KAS NG ANAKPAWIS
L AND AGRO- –
INDUSTRIAL LABOR HOLY CHILD CATH
ORGANIZATION (CA OLIC SCHOOL TEAC
ILO) HERS AND EMPLOY
G.R. No. 93117, 1 Aug EES LABOR UNION (
ust 1995 HCCS-TELU-
PIGLAS)
In "LABOR
G.R. No. 179146, 23 J
RELATIONS"
uly 2013

In "LABOR
RELATIONS"

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LOPEZ SUGAR CORPORATION vs.

HON. SECRETARY OF LABOR AND EM-
PLOYMENT, NATIONAL CON-
GRESS OF UNIONS IN THE SUGAR INDUS-
TRY OF THE PHILIPPINES (NA-
CUSIP) and COMMERCIAL AND AGRO-IN-
DUSTRIAL LABOR ORGANIZATION (CAILO)
G.R. No. 93117, 1 August 1995

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DOLORES VILLAR vs.THE HON. AMA-

DO G. INCIONG, as Deputy Minis-
ter of the Ministry of Labor, AMI-
GO MANUFACTURING INCORPORAT-
ED and PHILIPPINE ASSOCIA-
TION OF FREE LABOR UNIONS (PAFLU
G.R. No. L-50283-84, 20 April 1983

Search … !

RECENT POSTS

NFF INDUSTRIAL CORPORATION, vs. G & L ASSOCIATED BROKERAGE G.R. No. 178169, January
12, 2015
GLENN VIÑAS, vs. MARY GRACE PAREL-VIÑASG.R. No. 208790, January 21, 2015
ROBERTO CO vs. KENG HUAN JERRY YEUNG AND EMMA YEUNG G.R. No. 212705, 10
September 2014
ASIAN TERMINALS, INC., vs. FIRST LEPANTO-TAISHO INSURANCE CORPORATION G.R. No.
185964, 16 June 2014
FORTUNE MEDICARE, INC. vs. DAVID ROBERT U. AMORIN G.R. No. 195872, 12 March 2014

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