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Case Name: Sta. Lucia East Commercial Corp v.

Secretary of Labor them and that the petion should be filed for violating the 1 year and
G.R. Number: 162355 negiotation bar rules
Topic: Bargaining agent and Author: - a CBA between SMSLEC and SLECC was ratified by the r and f
certification election proceedings. employees and registered with DOLE
Doctrine: The employer may voluntarily recognize repetition status of - CLUP-SLECCWA filed its opposition claiming:
a union in unorganized establishments. SLECC was not an unorganized - assailed the validity of the voluntary recognition of the CBA
establishment when it voluntarily recognized SMSLEC. CLUP-SLECC and - it was tainted with malice, collusion and conspiracy
its affilaites filed a petition for certification election and this petition - Chief Leo of DOLE regional office 4 should not have approved
remained pending thus the voluntary recognition of SMSLEC is void and recorded the voluntary recognition because it is a non-existen labor
and cannot bar CLUP-SLECC petition for certification election. organization.
- Med-Aribter dismissed the petition for direction certification on the
Facts: ground of contract bar rule.
- Confederated Labor Union of the Philippines – Sta. Lucia East - the voluntary recognition of the CBA bars the filing of CLUP-
Commercial Corp (CLUP-SLECC) filed a petition for certification SLECCWAs petition for direct certification.
election among the regular rank and file employees of sta. lucia - SMSLEC is entitled to enjoy the rights, privileges and obligations
east commercial corporation and its affiliates. of an exclusive bargaining representative.
- Med-Arbiter Bactin dismissed the petition due to - SoL found merit in CLUP-SLECCWAs appeal.
inappropriateness of the bargaining unit. - ruled that subsequent negotiations and registration of a CBA
- CLUP-SLECC and its affiliates workers union appealed but could not bar the petition.
eventually withdrew the appeal which was granted. - CLUP-SLECCWA is a registered labor organization at the time of
- CLUP-SLECC and its affiliates reorganized themselves as CLUP- SLECCs voluntary recognition of SMSLEC.
SLECCWA limiting its membership to rank and file employees of - SLECC filed an MR but was denied.
Sta. Lucia which was issued a certificate of creation of a local - CA affirmed the ruling of the SoL
chapter.
- CLUP-SLECCWA filed a petition alleging that: ISSUE: WON CA COMMITTED REVERSIBLE ERROR WHEN IT AFFIRMED
- SLECC employs about 115 employees and that more than 20% THESECRETARYS FINDING THAT SLECCS VOLUNTARY RECOGNITION OF
of employees belonging to the r and f are its members. SMSLEC WAS DONE WHILE A LEGITIMATE LABOR ORG WAS IN
- no certification election has been held among them within the EXISTENCE IN THE BARGAINIGN UNIT?
last 12 months and while there is another union registered with Held/Ratio
DOLE covering the same employees (SMSLEC) it has not been Labor organization – any union or association of employees which
recognized as the exclusive bargaining agent of (SLECC) exists in whole or in part for the purpose of collective bargaining or of
employees. dealing with employers concerning terms and conditions of
- SLECC filed a MTD: employment.
- averred that it has voluntarily recognized SMSLEC as the Upon compliance with all documentary requirements, the regional
exclusive bargaining agent of its r and f employees officer shall issue in favor of the applicant labor org a certificate
- CBA negotiations have already been commeneced between indicating that it is include in the roster of legit labor orgs. It shall
acquire legal personality and entitled to rights and privileges granted and cannot bar CLUP-SLECC petition for certification election.
by law to a legit labor org upon issuance of the certificate of
registration

Bargaining unit – 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
recirprocal rights and duties of the parties under the collective
bargaining provisions of the law.
- will of the employees
- substantial similarity of work and duties or compensation and
conditions
- prior collective bargaining history
- similarity of employment status

the court said that CLUP-SLECC and its affiliates workers union initial
problem was that they constituted a legit labor org representing a non-
appropriate bargaining unit. However, it re-registered and limited its
members to r and f of SLECC. The court said that SLECC cannot ignore
that CLUP-SLECC and its affiliates was a legit labor organization at the
time of SLECCs voluntary recognition of SMSLEC.

Also the inclusion in the union of disqualified employees is not among


the gorunds for cancellation of registration unless there is
misrepresentation, false statement or fraud. Thus CLUP-SLECC and its
affiliates after being issued a certificate of registration should be
considered as having acquired juridical personality which may not be
attacked collateraly. The proper procedure therefore is not to
immediately commence voluntary recognition with SMSLEC but rather
to file a petition for cancellation of registration.

The employer may voluntarily recognize represtation status of a union


in unorganized establishments. SLECC was not an unorganized
establishment when it voluntarily recognized SMSLEC. CLUP-SLECC and
its affilaites filed a petition for certification election and this petition
remained pending thus the voluntary recognition of SMSLEC is void