Article 271[258-A].

SEC. 12. A new provision, Article 258-A is hereby inserted into the Labor
Code to read as follows:
"ART. 258-A. Employer as Bystander. - In all cases, whether the petition
for certification election is filed by an employer or a legitimate labor
organization, the employer shall not be considered a party thereto with
a concomitant right to oppose a petition for certification election. The
employer's participation in such proceedings shall be limited to: (1)
being notified or informed of petitions of such nature; and (2)
submitting the list of employees during the pre-election conference
should the Med-Arbiter act favorably on the petition."
Employer as a bystander; RATIONALE.
• It is not the convenience of the employer that constitutes the
determinative factor in forming an appropriate collective bargaining
unit (CBU). Equally if not more important is the interest of the
employees.
• Employer as a mere intruder in the choice of collective bargaining
representative.
• If they have influence in employees rights under the law would violate
the letter and spirit of welfare legislation intended to protect labor
and to promote social justice (Monark Intl Inc, v. Noriel)
Inapplicability of employer as bystander rule
• When existence of employer-employee relationship is put at issue.
• Effects;
• 1. Such entity shall be entitled to avail of all the rights guaranteed to
it under the law
• 2. Right to oppose petition for certification election,
• 3. To appeal from any adverse ruling of Mediator-Arbiter,
• 4.bring certiorari action from the DOLE Secretary's decision to the
Court of Appeals
• 5.Elevate case by way of appeal to the Supreme Court
Employer, not a proper party to appeal
• Art. 272 states "any party"
• Reason: they should not in any way affect , much less stay, the
holding of a certification election by the mere convenience of filing an
appeal with the Labor Secretary. It would violate the letter and spirit
of welfare legislations intended to protect labor and to promote social
justice.
Grounds for Appeal
• 1. That there is no employer-employee relationship between the
voter and the company; and
• 2. That the voter is not a member of the appropriate bargaining unit
which petitioner seeks to represent.
• 3. Serious errors of fact or law in the resolution of a protest
Ground for protest
• Limited to any issue arising from the certification election, conduct or
from its results. The issue of existence or non-existence of employer-
employee relationship, not having to do with this permissible ground,
cannot be raised as a protest since it does not concern the conduct
or results of the certification election.