GR 143616; (May, 2001) (Digest)
G.R. No. 143616 May 9, 2001
NEGROS ORIENTAL ELECTRIC COOPERATIVE 1 (NORECO1), petitioner, vs. THE SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), and PACIWU-NACUSIP, NORECO 1 Chapter, respondents.
FACTS
On December 10, 1997, PACIWU-TUCP filed a petition for certification election to represent rank-and-file employees of NORECO1. The Med-Arbiter dismissed the petition on December 23, 1997, ruling that the local chapter had not yet acquired legitimate status as its registration certificate had not been issued. PACIWU-TUCP filed a Motion for Reconsideration, which the DOLE Secretary treated as an appeal. On July 31, 1998, the DOLE reversed the Med-Arbiter, ordering a certification election. NORECO1’s Motion for Reconsideration was denied. NORECO1 then filed a petition for certiorari with the Court of Appeals, which was dismissed. The appellate court upheld the DOLE, ruling the chapter acquired legal personality upon submission of required documents on December 4, 1997.
ISSUE
The primary issues were: (1) whether the appeal to the DOLE Secretary was filed on time; (2) whether the inclusion of supervisory employees in the rank-and-file union invalidated it; and (3) whether employees who are members-co-owners of the electric cooperative can form a labor union.
RULING
The Supreme Court denied the petition. On the first issue, the Court found NORECO1’s allegation of late filing unsubstantiated, as it failed to specify material dates or provide proof. The original records did not show the date the union received the Med-Arbiter’s order, so finality could not be presumed. The DOLE Secretary’s finding that the appeal was timely was thus sustained. On the second issue, the Court ruled that NORECO1 raised the alleged inclusion of supervisory employees only in its Motion for Reconsideration of the DOLE decision, not during the proceedings before the Med-Arbiter. This constituted a belated challenge not properly raised at the earliest opportunity, and the DOLE was not obligated to rule on it. On the third issue, the Court noted that the appellate court correctly declined to resolve this factual question in a certiorari proceeding. Furthermore, NORECO1 failed to substantiate its claim that all union members were co-owners, implicitly acknowledging there were rank-and-file employees who were not members-co-owners and who were thus entitled to self-organization. The DOLE’s order for a certification election was therefore proper.