TAGAYTAY HIGHLANDS INTERNATIONAL GOLF CLUB Included names and signatures of supervisors,
INCORPORATED v TAGAYTAY HIGHLANDS EMPLOYEES resigned, terminated and AWOL employees
UNION-PTGWO Also included employees of The Country Club, G.R. No. 142000 | January 22, 2003 Inc, a corporation distinct and separate from Carpio-Morales, J. | Protacio THIGCI Alleged that some of the signatories were Summary secured through fraudulent and deceitful means, Respondent labor organization filed with the DOLE Mediation- and that they actually denied and withdrew Arbitration unit a petition for certification election, which membership petitioner company opposed to – one of the grounds being that - THIGCI submitted a list of names of the only 71 actual rank- some of the members in the list included supervisors. THIGCI and-file employees submitted a list of signatories whose membership in the union was o Incorporated a tabulation showing the number of being questioned as disqualified. The Supreme Court upheld the signatories to the petition whose membership was certification granted to the labor organization, with a ruling that being questioned the certification of registration cannot be subject to collateral “13 Supervisors of THIGCI (reason for attack. As for the alleged supervisory employees, it wasn’t enough disqualification)” that the company just place the job titles, because a description of - THEU, in its reply, asserted that it had complied with all the what they actually do is important to show that they are truly requirements for valid affiliation supervisory, with effective recommendatory powers. o It was duly granted a Certification of Affiliation by DOLE (October 10, 1997) Doctrine o Sec. 5, Rule V of DO No. 9 provides that legitimacy of its Nothing was mentioned about the alleged supervisors’ respective registration cannot be subject to collateral attack duties, powers, and prerogatives that would show that they can - DOLE Med-Artiber ordered the holding of certification election effectively recommend managerial actions. Citing Pepsi-Cola among the rank-and-file employees Products Philippines, Inc. v Sec. of Labor (another case in the o Held that THIGCI’s allegation on disqualification of syllabus), “The mere fact that an employee is designated manager members should be properly raised in the exclusion- doesn’t necessarily make him one.” inclusion proceedings at the pre-election conference o As for allegation of fraud and deceit, it should be FACTS coursed through an independent petition for - THEU and PTGWO (respondents), a legitimate labor cancellation of union registration organization said to represent majority of the rank-and-file o THIGCI failed to submit the job descriptions of the employees of THIGCI (petitioner) filed a petition for questioned employees to bolster its claim that they certification before the DOLE Mediation-Arbitration Unit are disqualified (October 16, 1997) - THIGCI appealed to DOLE Secretary (THEU seeks to represent o THIGCI opposed this petition on the following grounds two separate bargaining units – supervisory and rank-and-file) that the list of union members was defective and fatally o Dismissed the petition for certification election on the flawed ground of absence of community or mutuality of interest o However, upon MR of THEU, DOLE Undersecretary set collective bargaining units and/or legitimate labor aside the previous resolution organizations of their own. xxx” Being a local chapter, the 20% membership - While the provision expressly prohibits supervisory employees requirement is not necessary to acquire from joining a rank-and-file union, it does not provide what legitimate status would be the effect if a rank-and-file union counts Names of alleged disqualified supervisory supervisory employees among its members, or vice versa employees should simply be removed from the - Petition fails. roster - After a certification of registration is issued to a union, its o Records remanded to Office of the Med-Arbiter for legal personality cannot be subject to a collateral attack. It conduct of certification elections may be questioned - THIGCI filed a petition for certiorari which was referred to the - Sec. 5 of Rule V, Book IV of the Implementing Rules of the Court of Appeals Labor Code provides for the effect of registration o CA denied petition and affirmed DOLE Resolution o “The labor organization/workers’ association shall be - Hence, this petition for certiorari under Rule 45 deemed registered and vested with legal personality on o Petitioner argues that jurisprudence provides that “a the date of issuance of its certificate of registration. Such labor organization composed of both rank-and-file and legal personality cannot thereafter be subject to supervisory employees is no labor organization at collateral attack, but may be questioned only in an all.” independent petition for cancellation in accordance with “It is necessary to the granting of an order these Rules.” allowing a certification election, to inquire into - The grounds for cancellation of union registration are provided the composition of any labor organization for under Art. 247 [239] whenever the status of the labor organization is o The inclusion in a union of disqualified employees is challenged” not among the grounds for cancellation, unless such o That without resolving the status of THEU, DOLE inclusion is due to misrepresentation, false statement or Undersecretary conveniently deferred the resolution on fraud under the circumstances enumerated in Sections the serious infirmity in the membership of THEU (a) and (c) - THEU, having been validly issued a certificate of registration, ISSUE should be considered to have already acquired juridical W/N the petition for certification election of respondent can personality, which may not be assailed collaterally continue despite the allegations of petitioner. – YES - For the allegation of signatures acquired through fraud, false statement and misrepresentation RATIO (most relevant to our topic is the part on lack of o Proper procedure is a petition for cancellation of mutuality of interest) certificate of registration, not to intervene in a petition - Statutory authority for exclusion of supervisory employees in a for certification election rank-and-file union is Art. 255 [245] - For the allegation of withdrawal of union members from o “xxx Supervisory employees shall not be eligible for participating in certification election membership in the collective bargaining unit of the rank- o Best forum is the certification election itself – so that and-file employees but may join, assist or form separate they can freely express their choice in a secret ballot - For the allegation on the lack of mutuality of interest o THIGCI failed to present substantial evidence that the assailed employees are actually occupying supervisory positions o While they submitted a list of employees with their corresponding job titles and ranks, there is nothing mentioned about the supervisors’ respective duties, powers, and prerogatives that would show that they can effectively recommend managerial actions which require the use of independent judgment o Pepsi-Cola Products Philippines Inc v Secretary of Labor The mere fact that an employee is designated manager does not necessarily make him one. Otherwise, there would be an absurd situation where one can be given the title just to be deprived of the right to be a member of the union What is essential is the nature of the employee’s function and not the nomenclature or title given