GR 94929 30; (March, 1992) (Digest)
G.R. No. 94929-30. March 18, 1992.
PORT WORKERS UNION OF THE PHILIPPINES (PWUP), petitioner, vs. THE HONORABLE UNDERSECRETARY OF LABOR AND EMPLOYMENT BIENVENIDO E. LAGUESMA, et al., respondents.
FACTS
The collective bargaining agreement between International Container Terminal Services, Inc. (ICTSI) and the incumbent union, Associated Port Checkers and Workers Union (APCWU), was due to expire. Within the 60-day freedom period, rival unions Sandigan ng Manggagawa sa Daungan (SAMADA) and Port Employees Association and Labor Union (PEALU) filed separate petitions for certification election. SAMADA submitted the required consent signatures of 25% of the bargaining unit members eleven days after filing its petition, while PEALU submitted its signatures thirty-five days after filing. The Med-Arbiter dismissed both petitions for failing to comply with Section 6, Rule V, Book V of the Implementing Rules, which required the 25% written consent to be submitted simultaneously with the petition. Only petitioner PWUP, which had filed a petition for intervention, appealed the dismissal to the Secretary of Labor. Meanwhile, ICTSI and APCWU concluded and ratified a new CBA.
ISSUE
Whether the Med-Arbiter and the Undersecretary of Labor committed grave abuse of discretion in dismissing the certification election petitions for non-simultaneous submission of the 25% consent signatures.
RULING
Yes. The Supreme Court granted the petition, reversing the dismissal orders and directing the holding of a certification election. The Court emphasized that Article 256 of the Labor Code, which governs certification elections in organized establishments, must be liberally construed in favor of labor pursuant to Article 4 of the same Code. The provision requires the petition to be “supported by” the written consent of at least 25% of the employees. The Court ruled that “supported by” does not mandate strict, simultaneous submission at the moment of filing. Substantial compliance is sufficient, as demonstrated by SAMADA and PEALU submitting the signatures shortly after filing their petitions. The dismissal on this technical ground frustrated the workers’ right to choose their representative.
Furthermore, the newly concluded CBA between ICTSI and APCWU did not bar a certification election. Since the legitimacy of APCWU’s majority status was precisely the issue raised by the rival petitions, the CBA could not be used to suppress the workers’ right to a certification election. The Court ordered that the new CBA remain effective between the signatories, but subject to the outcome of the certification election, which must be held with dispatch to truly ascertain the will of the employees.