G.R. No. L-46933 June 30, 1980
CONFEDERATION OF CITIZENS LABOR UNIONS (CCLU) and PACIFIC KNITTING WORKERS’ ORGANIZATION, petitioners, vs. CARMELO C. NORIEL, as Director of Bureau of Labor Relations, PHILIPPINE ASSOCIATION OF FREE LABOR UNIONS, VICENTE ARNIEGO, LUZON FEDERATION OF LABOR ORGANIZATION, FUR CHAPTER, (LFLO-FUR) and PACIFIC MILLS, INC., respondents.

FACTS

The petitioners, Confederation of Citizens Labor Unions (CCLU) and Pacific Knitting Workers’ Organization, sought to annul an order issued by respondent Director Carmelo C. Noriel of the Bureau of Labor Relations. The assailed order allowed the inclusion of respondent Philippine Association of Free Labor Unions (PAFLU) to participate in a scheduled certification election among the rank-and-file employees of Pacific Mills, Inc. Petitioners contended that Director Noriel committed grave abuse of discretion in granting PAFLU’s motion for intervention. They argued that the order calling for the certification election had already become final and executory, as no appeal was interposed by any party, thus making PAFLU’s motion untimely.
Respondent Noriel justified his order by stating that while the election order was final, this finality did not automatically eliminate PAFLU, as its motion for intervention was filed before the actual conduct of the scheduled election. The Solicitor General, representing Noriel, supported the order, emphasizing that no election had yet been held and that PAFLU had established a substantial interest. It was further revealed that prior to the Supreme Court’s temporary restraining order, a certification election was conducted wherein PAFLU received 254 out of 401 total votes cast.

ISSUE

Whether the Director of the Bureau of Labor Relations committed grave abuse of discretion in allowing a union to intervene in a certification election after the order for such election had become final but before its actual conduct.

RULING

The Supreme Court dismissed the petition for lack of merit. The legal logic is anchored on the fundamental statutory policy of ensuring industrial democracy and the integrity of the collective bargaining process. The Court, citing the consistent doctrine established in United Employees Union of Gelmart Industries v. Noriel and reiterated in United Lumber and General Workers v. Noriel, held that all workers in a collective bargaining unit must be given the opportunity to participate in a certification election to truly ascertain their representative. The Court has resolutely set its face against any procedural technicality that might frustrate this objective. The timeliness of an intervention is measured not by the finality of the election order alone but by whether it is filed before the election is actually held, ensuring the broadest possible participation. The subsequent election results, where PAFLU garnered majority votes, rendered the issue moot and academic, confirming the correctness of allowing its inclusion. The petitioners themselves recognized this outcome by filing a motion to dismiss, acknowledging PAFLU as the certified bargaining agent. Thus, no grave abuse of discretion attended Director Noriel’s order, which was in faithful adherence to the labor policy favoring the workers’ free choice of representation.