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October 30, 2009! !
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Topic in Syllabus: Cancellation of Union Certificate of Registration
Summary: PIGLAS filed for certification election which was opposed by Heritage Hotel on the
grounds that the documents submitted bore false information and that the union was merely an
alter ego of the old union, enjoined from holding a certification election. The SC held that the
charge of fraud and misrepresentation by a labor union is a serious charge which must be clearly
established by evidence and the surrounding circumstances. The discrepancies in PIGLASs
documents could be clearly explained thus the petition for cancellation of registration was denied.
Facts:
- The Heritage Hotel Employees Union (HHE) of rank and file employees of Heritage
Hotel Manila (HH) filed a petition for certification election.
- HH opposed and filed a petition for the cancellation of HHEs union registration
alleging that the union misrepresented itself to be an independent union, when it was
really a local chapter of the National Union of Workers in Hotel and Restaurant and
Allied Industries (NUWHRAIN). HHE intentionally omitted disclosure of its affiliation
with NUWHRAIN because the companys supervisors union was already affiliated
with it.
- MA: granted HHEs petition for certification election
- Sec. of Labor: denied HHs appeal
- CA: issued writ of injunction against holding HHEs certification election effective until
the petition for cancellation of that unions registration shall have been resolved with
finality.
- Certain rank and file employees of HH held a meeting and formed another union, the
Pinag-Isang Galing at Lakas ng mga Manggagawa sa Heritage Manila (PIGLAS)
- DOLE-NCR issued registration certificate.
- Members of the first union, the HHE union, adopted a resolution for its dissolution and
filed a petition for cancellation of union registration.
- PIGLAS filed petition for certification election
- HH opposed alleging that the new unions officers and members were also those who
comprised the old union and that the employees involved formed PIGLAS to
circumvent the CAs injunction against the holding of the certification election sought
by the former union.
- MA: granted petition for certification election
- HH filed a petition to cancel union registration of PIGLAS
- DOLE-NCR: denied petition to cancel union registration
- BLR: affirmed DOLE-NCR
- CA: dismissed petition
Petitioners Arguments:
- Documents submitted with the unions application for registration bore the following
false information:
- List of Members showed that the PIGLAS union had 100 union members;
- Organizational Minutes said that 90 employees attended the meeting on December
10, 2003
- Attendance Sheet of the meeting of December 10, 2003 bore the signature of 127
members who ratified the unions Constitution and By- Laws
- Signature Sheet bore 128 signatures of those who attended that meeting
CASE NO. 30
CASE NO. 30