Art 212(g) of LC defines a labor organization as any union or
Difference between the concept of a union/LLO and bargaining
uniit
GR 162355 – Sta Lucia Commercial Corp vs SOLE
PONENTE
Union # 1 initially filed for a petition for certification election. But this
was denied because there was co-mingling in the bargaining unit.
Union # 1 then reorganized themselves and limited their membership
to r&f. Then then filed for another petition for certification election. The
employer filed a motion to dismiss on the ground that Union # 1 was
already barred from filing a petition because it had already recognized
Union # 2 as the SEBA. SC held that the voluntary recognition and
CBA entered into by the employer and Union # 2 were void because
Union #1 was still a legitimate labor organization back when the
employer voluntarily recognized Union #2.
DOCTRINE
IMPORTANT PEOPLE
Confederated Labor Union of the PH (CLUP);
Sta Lucia East Commercial Corporation (SLECC) – the employer
CLUP- Sta Lucia East Commercial Corporation and its Affiliates Union
(CLUP-SLECC and its Affiliates Union) – union 1
CLUP- Sta Lucia East Commercial Corporation Workers Assoc
(CLUP-SLECCWA) – reorganized union of the first one
Samahang Manggagawa sa Sta Lucia East Commercial (SMSLEC) –
union 2
FACTS
1. On Feb 27, 2001, CLUP filed a petition for certification election
among the rank and file employees of SLECC, on behalf of its
chartered local.
2. But Med-Arbiter Bactin dismissed the petition due to the
inappropriateness of the bargaining unit. CLUP-SLECC and its
Affiliates Union filed an appeal from this order but later on withdrew
association of employees which exists in whole or in part for the
purpose of collective bargaining or of dealing with employers
concerning terms and conditions of employment.
Whereas a bargaining unit is a group of employees of a given
employer, comprised of all or less than all of the entire body of
employees, consistent with equity to the employer, indicated to be
the best suited to serve the reciprocal rights and duties of the parties
under the collective bargaining provisions of the law.
The fundamental factors in determining the appropriate collective
bargaining unit are: (1) the will of the employees (Globe Doctrine); (2)
affinity and unity of the employees’ interest, such as substantial
similarity of work and duties, or similarity of compensation and working
conditions (Substantial Mutual Interests Rule); (3) prior collective
bargaining history; and (4) similarity of employment status.
their appeal. CLUP-SLECC and its Affiliates Union then
reorganized itself and registered as CLUP-SLECCWA and limited
their membership to the r&f employees of SLECC. They then filed
another petition for certification election.
3. SLECC filed a motion to dismiss on the ground that it had already
voluntarily recognized SMSLEC as the SEBA. The CBA between
SLECC and SMSLEC was then ratified by the r&f employees and
registered with the DOLE Regional Office.
4. CLUP-SLECCWA then filed its opposition to the motion to dismiss
and argued that DOLE should not have approved the voluntary
recognition of SMSLEC by SLECC because it violated a major
requirement for voluntary recognition, i.e., the non-existence of
another labor organization in the same bargaining unit.
5. CLUP-SLECCWA argued that when SLECC voluntarily
recognized SMSLEC on July 20, 2001, the first union was still
validly existing and neither cancelled nor abandoned.
1
6. Med Arbiter: Dismissed CLUP-SLECCWA’s petition for direct
certification on the ground of SLECC’s voluntary recognition of
SMSLEC as the SEBA and the subsequent CBA entered into by
the parties.
7. SOLE: The voluntary recognition and CBA not a bar because
CLUP-SLECC and its Affiliates Workers Union constituted a
registered labor organization at the time of SLECC’s voluntary
recognition of SMSLEC. CA affirmed.
ISSUE with HOLDING
1. W/N the voluntary recognition was done while a legitimate labor
organization was in existence in the bargaining unit – YES
Art 212(g) of LC defines a labor organization as any union or
association of employees which exists in whole or in part for the
purpose of collective bargaining or of dealing with employers
concerning terms and conditions of employment.
The concepts of a union and of a legitimate labor organization are
different from, but related to, the concept of a bargaining unit.
In San Miguel Corporation v. Laguesma, it was stated that:
A bargaining unit is a group of employees of a given
employer, comprised of all or less than all of the entire
body of employees, consistent with equity to the
employer, indicated to be the best suited to serve the
reciprocal rights and duties of the parties under the
collective bargaining provisions of the law.
The fundamental factors in determining the appropriate
collective bargaining unit are: (1) the will of the
employees (Globe Doctrine); (2) affinity and unity of the
employees’ interest, such as substantial similarity of
work and duties, or similarity of compensation and
working conditions (Substantial Mutual Interests Rule);
(3) prior collective bargaining history; and (4) similarity
of employment status.
a. Inappropriate bargaining unit: CLUP-SLECC and its Affiliates
Union’s initial problem was that they represented a non-appropriate
bargaining unit. This was solved when they reorganized into CLUP-
SLECCWA and limited their membership to r&f employees. SLECC
cannot ignore the fact that CLUP-SLECC and its Affiliates Union was
legitimate labor organization when it voluntarily recognized SMSLEC.
Both SLECC and SMSLEC cannot decide by themselves whether
CLUP-SLECC and its Affiliates Union represented an appropriate
bargaining unit. Besides, co-mingling is not a ground for cancellation
unless there’s fraud or misrepresentation under the scenarios
enumerated in Art 239.
Thus, CLUP-SLECC and its Affiliates Union having been validly
issued a certificate of registration, its legitimacy cannot be collaterally
attacked.
b. SLECC’s voluntary recognition of SMSLEC: Employer may
voluntarily recognize the representation of union in an unorganized
establishment. But the establishment was not unorganized because
CLUP-SLECC and its Affiliates Union filed a petition for certification
election on Feb 27, 2001 and this remained pending as of July 20,
2001. Thus the voluntarily recognition and subsequent CBA are void
and cannot bar CLUP-SLECCWA current petition for certification
election.
DISPOSITIVE PORTION
Petition denied
DIGESTER: Kharina Mostrales