Philippine Association of Free Labor Unions v. Bureau of Labor Relations
REITERATIONFacts
The Antecedents: A certification election was held on February 27, 1976, among the employees of Philippine Blooming Mills Company, Inc. Respondent National Federation of Free Labor Unions (NAFLU) obtained 429 votes, while petitioner Philippine Association of Free Labor Unions (PAFLU) obtained 414 votes. Four votes were cast for no union, and one labor union, PLAC, obtained zero votes. Seventeen ballots were spoiled. Procedural History: Respondent Director of Labor Relations, Carmelo C. Noriel, certified NAFLU as the exclusive bargaining agent, disregarding PAFLU's objection. PAFLU appealed, arguing that the seventeen spoiled ballots should be counted in determining the majority, especially since ten of them were intended for PAFLU. PAFLU contended that the Director committed a grave abuse of discretion. The Petition: PAFLU assails the certification in a certiorari proceeding, arguing that the Director committed grave abuse of discretion by not considering the spoiled ballots in determining the majority, citing the doctrine in Allied Workers Association of the Philippines v. Court of Industrial Relations. The Supreme Court is asked to set aside the certification.
Issue(s)
Whether the Director of Labor Relations committed a grave abuse of discretion in certifying NAFLU as the exclusive bargaining agent. Whether spoiled ballots should be counted in determining the majority of valid votes cast in a certification election under the present Labor Code.
Ruling
The petition for certiorari is dismissed. The certification of NAFLU as the exclusive bargaining agent is upheld.
Ratio Decidendi
On the issue of whether the Director of Labor Relations committed a grave abuse of discretion in certifying NAFLU as the exclusive bargaining agent: The Court held that the Director did not commit a grave abuse of discretion. The certification election rules, specifically Rule 6 of the Rules and Regulations implementing the Labor Code, Section 8(f), state that the union obtaining a majority of the valid votes cast shall be certified. In this case, NAFLU obtained 429 valid votes, which constituted a majority of the valid votes cast. Even if ten of the seventeen spoiled ballots were intended for PAFLU, it would have only garnered 424 votes, still less than NAFLU's 429. Therefore, the law, as implemented by the applicable rules, favored NAFLU's certification. On the issue of whether spoiled ballots should be counted in determining the majority of valid votes cast under the present Labor Code: The Court ruled that spoiled ballots should not be counted in determining the majority of valid votes cast. The ruling in Allied Workers Association of the Philippines v. Court of Industrial Relations, which held that spoiled ballots should be counted, was based on the Industrial Peace Act and its implementing rules, which are no longer in force. The present Labor Code and its implementing rules, which took effect on November 1, 1974, clearly provide that only valid votes are considered for certification. The Court emphasized that the contemporaneous construction of the Labor Code by the executive officials tasked with its implementation, as embodied in the Rules and Regulations, is entitled to great respect and should ordinarily control the construction of the statute by the courts, unless clearly erroneous. Since PAFLU did not show any repugnancy between the Labor Code and its implementing rules, the Director's adherence to the rules was proper.
Main Doctrine
A union is certified as the exclusive bargaining agent if it obtains a majority of the valid votes cast in a certification election, as provided by the implementing rules of the Labor Code, and a prior ruling based on the Industrial Peace Act is no longer controlling.