GR 97568; (February, 1992) (Digest)
G.R. No. 97568 February 4, 1992
Celine Marketing Corporation, petitioner, vs. Hon. Bienvenido E. Laguesma, Undersecretary of Labor and Employment and Confederation of Filipino Workers (CFW), respondents.
FACTS
Celine Marketing Corporation sought to annul the resolution of Undersecretary of Labor Bienvenido Laguesma ordering a certification election among its rank-and-file employees. The order was issued upon the appeal of respondent Confederation of Filipino Workers (CFW) from the Med-Arbiter’s dismissal of its petition for certification election. The Med-Arbiter had dismissed CFW’s petition on grounds that it failed to submit the original charter certificate of its local chapter and lacked proof that its organizational documents were filed with the Bureau of Labor Relations, and that the petition was not authorized by a majority of the employees.
The Undersecretary reversed the Med-Arbiter, directing the conduct of a certification election with the choices of CFW-Celine Marketing Corp. Workers Chapter or “No Union.” Celine Marketing assailed this resolution, arguing that the Undersecretary acted in excess of jurisdiction because the appeal was addressed to the Secretary of Labor, who allegedly could not delegate the power of review. It also contended that CFW failed to comply with mandatory requirements under the Omnibus Rules.
ISSUE
Whether the Undersecretary of Labor committed grave abuse of discretion in ordering the certification election despite the stated procedural objections.
RULING
The Supreme Court dismissed the petition, finding no grave abuse of discretion. On the jurisdictional issue, the Court held that the Undersecretary validly acted under the authority of the Secretary of Labor. The resolution, not having been repudiated by the Secretary, carried the force and effect of a resolution issued by the Secretary himself, following established administrative law principles.
On the substantive requirement, the Court ruled that prior authorization from a majority of employees is not necessary for a petition for certification election in an unorganized establishment. Citing Article 257 of the Labor Code, as amended, the Court emphasized that in establishments with no certified bargaining agent, a certification election shall automatically be conducted upon the filing of a petition by a legitimate labor organization. The law designates the union as the real party-in-interest. The purpose of a certification election is precisely to determine, through secret ballot, the employees’ choice of a bargaining representative or their desire for no union. The alleged procedural deficiencies, such as the submission of a xerox copy of the charter certificate, did not warrant dismissal of the petition, as the certification election process itself is the proper mechanism to ascertain the employees’ will.