HOLY CHILD CATHOLIC SCHOOL v.

HCCS-TELU-PIGLAS
 With regard to the school being a party-in-interest, such has no merit
Petitioner: HOLY CHILD CATHOLIC SCHOOL for an employee is merely a bystander in a petition for certification
Respondents: HON. PATRICIA STO. TOMAS, IN HER OFFICIAL CAPACITY election.
AS SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT,  With regard to Vice principals, department heads, and coordinators
AND PINAG-ISANG TINIG AT LAKAS NG ANAKPAWIS – HOLY CHILD being supervisors or managerial employees, such issue is premature
and should be decided upon during the inclusion/exclusion
CATHOLIC SCHOOL TEACHERS AND EMPLOYEES LABOR UNION
proceedings.
(HCCS-TELU-PIGLAS)
 With regard to the alleged commingling of supervisory and rank- and-
file employees in the same union, while the law prohibits commingling,
FACTS: HCCS-TELY-PIGLAS union filed a petition for certification election to the law does not state the effect of such to the legitimacy of the labor
be the exclusive bargaining agent for Holy Child Catholic School. Holy Child organization.
Catholic School opposed this stating that (1) there is commingling in the union,
and (2) the union is illegimiate because it is an inappropriate bargaining unit
for the members consists of both teaching and non-teaching personnel. The
Med-Arbiter dismissed the petition for certification election stating that there
should be 2 bargaining units: one for teaching, and one for non-teaching
personnel. The SOLE agreed with here being 2 bargaining units present, but
ordered 2 certification elections (one for each unit).

W/N the certification election is dismissible on the ground of improper mixture

of teaching and non-teaching personnel - NO. The concept of a union is
different from a bargaining unit, and a mixture of bargaining units in one union
does not equate to dismissal.

The SC ruled that, indeed, teaching and non-teaching personnel are two
separate bargaining units. However, such does not equate to dismissing the
petition for certification election. The school appears to have confused the
concept of a union, and that of a bargaining unit.

Doctrine: A bargaining unit is a group of employees sought to be represented

by a petitioning union. Such employees need not be members of a union
seeking the conduct of a certification election. Meanwhile, a union certified as
an exclusive bargaining agent represents not only its members but also
other employees who are not union members.

Application to the case: . Since there is a prohibition of commingling

teaching and non-teaching personnel in one bargaining unit, they have to be
separated into two separate bargaining units with two separate certification
elections to determine whether the employees in the respective bargaining
units desired to be represented by the school union.

As for the other issues: