III.

BARGAINING AGENT & CERTIFICATION ELECTION

PROCEEDINGS

Labor Code: Arts. 267-272

Omnibus Rules, Book V, Rule I, Sec. 1 (d, h, j, o, p, q, t, ll, ss, bbb, a, tt, ww), Rules VI-X, as
amended by D.O. 40, D.O. 40-F-03, series of 2008, and further amended by D.O. 40-I-15, series
of 2015

III. A Duty to Bargain Collectively

1. Lakas ng Manggagawang Makabayan v. Marcelo Enterprises, November 19, 1982

2. National Union of Restaurant Workers (PTUC) V. C1R, April 30, 1964
3. Liberty Flour Mills Employees Association v. Liberty Flour Mills, December 29,
1989 Colegio de San Juan de Letran v. Association of Employees and Faculty of Letran,
September 13, 2000
4. San Miguel Corporation Employees Union-PTGWO v. Confesor, September 19, 1996
5. Manila Electric Co. v. Quisumbing, January 27, 1999
6. Manila Electric Co. v. Quisumbing, February 22, 1999
7. New Pacific Timber v. NLRC, March 17, 2000
8. Mindanao Terminal and Brokerage Service. Inc. v. Confesor, May 5, 1997
9. Samahang Manggagawa sa Top Form v. NLRC, September 7, 1998
10. Rivera v. Espiritu, January 23, 2002

III. B Jurisdictional Requirements

1. Kiok Loy v. NLRC, January 22, 1986

2. ALU v. Ferrer-Calleja, May 5, 1989

III. C Bargaining Agent and Certification Election Proceedings

1. Republic of the Philippines, represented by DOLE, v. Kawashima Textile, July 23, 2008
2. St. James School of Quezon City v. Samahang Manggagawa sa St. James, November 23,
2005
3. DHL Phils. United Rank and File Association v. Buklod ng Manggagawa ng DHL Phils.,
July 22, 2004
4. Sugbuanon Rural Bank, Inc. v Laguesma, February 2, 2000
5. Samahan ng mga Manggagawa sa Samma-Lakas Sa Industriya Ng Kapatirang Haligi Ng
Alyansa (Samma-Likha) v. Samma Corporation, March 13, 2009
6. Chris Garments Corporation v. Hon. Patricia A. Sto Tomas and Chris Garments Workers
Union-PTGWO, January 12, 2009
7. National Union of Workers in Hotels, Restaurants and Allied Industries- Manila Pavilion
Hotel Chapter v. Secretary of Labor, July 31, 2009
8. Eagle Ridge Golf and Country Club v. CA, March 18, 2010
9. PICOP Resources, Inc. v. TanÃÉeca, August 9, 2010
10. Legend International Resorts v. Kilusang Manggagawa ng Legend, February 23, 2011
11. Samahang Manggagawa sa Charter Chemical (SMCC-SUPER) v. Charter Chemical and
Coating Corp., March 16, 2011
12. Heritage Hotel v. Secretary, July 23, 2014
13. Republic of the Philippines v. Namboku Peak, July 18, 2014
14. T&H Shopfitters v. T&H Shopfitters Workers Union, February 26, 2014
15. Hijo Resources Corporation v. Mejares, January 13, 2016
16. Ren Transport Corporation v. NLRC, June 27, 2016

III. D Bars to Certification Election

Labor Code: Art. 238

Omnibus Rules, Book V, Rule VIII, Sections 14-15, Rule XVII, Section 7, as amended by D.O.
40-03