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SECRETARY
DOCTRINE:
Article 234 of the Labor Code merely requires a 20%
minimum membership during the application for union
registration. It does not mandate that a union must maintain
the 20% minimum membership requirement all throughout
its existence
For the purpose of de-certifying a union such as respondent,
it must be shown that there was 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; or, in connection with
the election of officers, the minutes of the election of
officers, the list of voters, or failure to submit these
documents together with the list of the newly electedappointed officers and their postal addresses to the BLR
The nature of the fraud and misrepresentation should be
grave and compelling enough to vitiate consent of union
members
1
FACTS:
Samahan Ng Mga Manggagawa Sa Mariwasa Siam Ceramics,
Inc. (SMMSC-Independent) was issued a Certificate of
Registration as a legitimate labor organization by the DOLE
Region IV-A
Mariwasa filed a petition for cancellation of Union
Registration against the union claiming that it violated the
20% requirement under Art. 234 of the Labor code and that
it also committed massive fraud and misrepresentation in
violation of Art. 239.
Regional director issued an order granting the petition.
Bureau of Labor Relations: granted the unions appeal. MR
by Mariwasa was denied
CA: denied petition of Mariwasa for lack of merit. MR denied.
ISSUES/HELD:
1. Whether CA erred in ruling for the Union.
RATIO:
1. NO.
Mariwasa was relying on the fact that 102 of the employees
executed affidavits recanting their union membership in
alleging that the union failed to meet the 20% requirement.
Petition denied