Professional Documents
Culture Documents
of its fiscal year or the names of its new officers along with
their non-subversive affidavits as outlined in paragraph (b)
above within sixty days of their election; however, the
Department of Labor shall not order the cancellation of the
registration and permit without due notice and hearing, as
provided under paragraph (c) above and the affected labor
organization shall have the same right of appeal to the courts
as previously provided.
CASE 32: San Miguel Corp. Employees Union v. SM
Packing (BUBAN)
TOPIC: Requirements
FACTS: Petitioner(s): the incumbent bargaining agent for the
bargaining unit comprised of the regular monthly-paid rank
and file employees of the three divisions of San Miguel
Corporation (SMC), namely, the San Miguel Corporate Staff
Unit (SMCSU), San Miguel Brewing Philippines (SMBP), and
the San Miguel Packaging Products (SMPP), in all offices and
plants of SMC, including the Metal Closure and Lithography
Plant in Laguna. It had been the certified bargaining agent for
20 years (1987 to 1997).
Respondent(s): SMPPEU-PDMP is registered as a chapter
PDMP
PDMP issued a charter certificate to respondent. In
compliance with registration requirements, respondent
submitted the requisite documents to the BLR for the purpose
of acquiring legal personality.
Upon submission of
documents, respondent
Local or Chapter by the
Arbiter of DOLE-NCR,
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Acedera et al. cite the dismissal of the case filed by ICTSI, first
by the Labor Arbiter,and later by the Court of Appeals. The
dismissal of the case does not, however, by itself show the
existence of fraud or collusion or a lack of good faith on the
part of APCWU. There must be clear and convincing evidence
of fraud or collusion or lack of good faithindependently of the
dismissal. This, Acedera et al. failed to proffer. Acedera et al.
likewise express their fear that APCWU would not prosecute
the casediligently because of its sweetheart relationship" with
ICTSI. There is nothing on record,however, to support this
alleged relationship which allegation surfaces as a mere
afterthought because it was never raised early on. It was
raised only in petitioners-appellants reply to ICTSIs comment
in the petition at bar, the last pleading submitted tothis Court,
which was filed on June 20, 2001 or more than 42 months
after petitioners-Appellants filed their Complaint-in-Intervention
with Motion to Intervene with theLabor Arbiter. To reiterate, for
a member of a class to be permitted to intervene in
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RATIO: Article 2451 of the Labor Code, the legal basis for the
petition for cancellation, merely prescribed the requirements
for eligibility in joining a union and did not prescribe the
grounds for cancellation of union registration. For the purpose
of de-certifying a union, it is not enough to establish that the
rank-and-file union includes ineligible employees in its
membership. Pursuant to Article 2392 (a) and (c) of the Labor
Code, it must be shown that there was misrepresentation,
false statement or fraud in connection with the adoption or
ratification of the constitution and bylaws or amendments
thereto, the minutes of ratification, or in connection with the
election of officers, minutes of the election of officers, the list of
voters, or failure to submit these documents together with the
list of the newly elected-appointed officers and their postal
addresses to the BLR.
APC merely argued that APFLAA was not qualified to become
a legitimate labor organization by reason of its mixed
composition of rank-and-file and supervisory employees; and
1 Art. 245. Ineligibility of managerial employees to join any labor organization; right of
supervisory employees.Managerial employees are not eligible to join, assist or form
any labor organization. Supervisory employees shall not be eligible for membership in
a labor organization of the rank-and-file employees but may join, assist or form
separate labor organizations of their own.
2 Art. 239, Labor Code, states: The following shall constitute grounds for cancellation
of union registration:
1. (a) Misrepresentation, false statement or fraud in connection with the adoption or
ratification of the constitution and by-laws or amendments thereto, the minutes of
ratification;
(c) Misrepresentation, false statements or fraud in connection with the election of
officers, minutes of the election of officers, the list of voters, or failure to submit these
documents together with the list of the newly elected-appointed officers and their
postal addresses within thirty (30) days from election.
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minimum membership
existence.
requirement
all
throughout
its
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the thousand
P20,000.00.
employees
of
MRR
Co.
amounting
to
HELD: YES. The union was in violation of justice and fair play
in the expulsion of Bugay.
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