G.R. No. 121241 December 10, 1997
FURUSAWA RUBBER PHILIPPINES, INC., petitioner, vs. HON. SECRETARY OF LABOR AND EMPLOYMENT and FURUSAWA EMPLOYEES UNION-INDEPENDENT (FEU-IND), respondents.

FACTS

On 8 March 1995, private respondent Furusawa Employees Union-Independent (FEU-IND) filed a petition for certification election among the rank and file employees of petitioner Furusawa Rubber Philippines, Inc. On 3 April 1995, petitioner moved to dismiss the petition on the ground that FEU-IND was not a legitimate labor organization for failing to comply with all legal requisites, specifically arguing that the union submitted only an unauthenticated photocopy of its certificate of registration. The Med-Arbiter granted the petition and ordered a certification election. Petitioner appealed to the Secretary of Labor, who affirmed the Med-Arbiter’s order. Petitioner’s motion for reconsideration was denied.

ISSUE

Whether a photocopy of a union’s certificate of registration, submitted without the original or further authentication, constitutes sufficient proof of its legitimate status to entitle it to file a petition for certification election.

RULING

Yes. The Supreme Court dismissed the petition and affirmed the resolutions of the Secretary of Labor. The Court held that FEU-IND is a legitimate labor organization. The issuance of Certificate of Registration No. RO-400-9502-UR-003 by the DOLE Regional Office is sufficient proof of its legitimacy. The submission of a xerox copy instead of the original certificate is not a fatal defect that nullifies the legal personality conferred by registration. The Court emphasized that a certification proceeding is non-adversarial and not governed by technical rules of evidence. The factual finding of the Med-Arbiter, supported by substantial evidence, was accorded respect. The Court further ruled that the employer’s role in a certification election is minimal; it is principally a concern of the workers to determine their collective bargaining representative. The employer becomes a mere bystander, and its interference is discouraged. The right to self-organization is a fundamental right, and any attempt to stifle it may constitute unfair labor practice. The petition was found sufficient in form and substance, including compliance with the 20% support signature requirement under Article 257 of the Labor Code.