Western Agusan Workers Union-Local 101 of the United Lumber and General Workers of the Philippines v. Trajano
REITERATIONFacts
The Antecedents: The Philippine Transport and General Workers' Organization (PTGWO) filed a petition for certification election among the rank and file workers of Nasipit Lumber Company (NALCO) and its affiliate, Philippine Wallboard Corporation (PWC), alleging support from 30% of the workers, as the collective bargaining agreement (CBA) between NALCO and WAWU-ULGWP Local 101 was set to expire. Western Agusan Workers Union (WAWU) opposed the petition, claiming the signatures were fraudulent and forged. WAWU-ULGWP Local 101 members disaffiliated from the mother union ULGWP, forming WAWU (KMU-WAWU). NALCO filed a motion for interpleader due to conflicting claims over union dues between WAWU and ULGWP. Procedural History: The Med-Arbiter granted the certification election, declared WAWU's disaffiliation from ULGWP legal and valid, and denied NALCO's motion to hold check-off dues, designating PTGWO, WAWU, ULGWP, and 'No Union' to participate. The Director of the Bureau of Labor Relations affirmed the Med-Arbiter's order, dismissing the appeal, and a subsequent motion for reconsideration was denied. The Petition: This petition for certiorari with preliminary injunction sought to annul the decision of the Director of the Bureau of Labor Relations and the order denying the motion for reconsideration. During the pendency of the petition, the certification election was conducted, but canvassing was suspended due to a restraining order. WAWU filed a supplemental comment alleging that a majority of its members supported the disaffiliation and that WAWU entered into a new CBA with NALCO.
Issue(s)
Whether or not a certification election should be held at the employer corporations. Whether or not the disaffiliation vote of 429 WAWU members is sufficient to effect the disaffiliation of WAWU from ULGWP. Whether or not the employer corporations should hold the check-off and per capita dues and deposit the same in a special account until the controversy is finally resolved.
Ruling
The petition is dismissed for having become moot and academic, and the assailed decision of the Director of the Bureau of Labor Relations is affirmed. The temporary restraining order issued by the Court is lifted.
Ratio Decidendi
On the issue of holding a certification election: The Court reiterated the policy of the Labor Code which is partial to holding certification elections to definitively ascertain the choice of the labor organization representing the workers. The Court noted that serious doubts existed regarding the majority representation of WAWU-ULGWP Local 101, given the number of support signatures for PTGWO and the votes for disaffiliation. Therefore, a certification election was deemed the best means to determine the sentiment of the remaining employees. The Court also cited jurisprudence holding that the Bureau of Labor Relations may order a certification election even if the 30% requirement is not met, and that issues of disaffiliation are best resolved through a certification election where workers can freely exercise their choice. On the sufficiency of the disaffiliation vote: While initially acknowledging doubts raised by the Solicitor General regarding the sufficiency of the 429 votes for disaffiliation, the Court found these doubts cleared by a later development. WAWU submitted a certification signed by 1,439 members who were not present during the election, affirming their support for the disaffiliation from ULGWP. Furthermore, WAWU entered into a new Collective Bargaining Agreement with NALCO, effective for three years, which implicitly validated its status as the bargaining agent and resolved issues related to dues. On the holding of check-off and per capita dues: The Court denied NALCO's motion to hold check-off dues and deposit them in a special account. This denial was based on the decision in the Sarangani case, Article 254 of the Labor Code, and the difficulty in ascertaining WAWU members who expressly disaffiliated. The subsequent entry into a new CBA by WAWU with NALCO also rendered this issue moot and academic, as it established WAWU's recognized status.
Main Doctrine
A certification election is the most expeditious way of determining which labor organization is to be the exclusive bargaining representative, especially when issues of disaffiliation and representation arise, and the policy of the Labor Code is to hold certification elections to definitively ascertain the workers' choice of bargaining agent.