HOLY CHILD CATHOLIC SCHOOL v.

HCCS-TELU- the law prohibits commingling, the law does not state the
PIGLAS effect of such to the legitimacy of the labor organization.

FACTS: HCCS-TELY-PIGLAS union filed a petition for

certification election to be the exclusive bargaining agent
for Holy Child Catholic School. Holy Child 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:

 With regard to the school being a party-in-
interest, such has no merit for an employee is
merely a bystander in a petition for certification
election.
 With regard to Vice principals, department
heads, and coordinators being supervisors or
managerial employees, such issue is premature
and should be decided upon during the
inclusion/exclusion proceedings.
With regard to the alleged commingling of supervisory
and rank- and-file employees in the same union, while