GR L 14656; (November, 1960) (Digest)
G.R. No. L-14656; November 29, 1960
PHILIPPINE LAND-AIR-SEA LABOR UNION (PLASLU), petitioner, vs. COURT OF INDUSTRIAL RELATIONS, ET AL., respondents.
FACTS
The Court of Industrial Relations (CIR) ordered a certification election to determine whether the Philippine Land-Air-Sea Labor Union (PLASLU) or the Allied Workers’ Association (AWA) would be the sole collective bargaining agent for the employees of San Carlos Milling Co. The CIR’s order specified that the eligible voters would be determined from a list of employees appearing on the company’s payroll during the 1955 milling season, plus “Exhibit X-Court,” excluding supervisors and security guards. In the election, PLASLU received 88 votes and AWA received 149, with 390 ballots challenged (242 by PLASLU and 148 by AWA). The CIR ordered the opening of all challenged ballots. After canvassing, the 148 votes challenged by AWA were counted for PLASLU. Of the 242 votes challenged by PLASLU, 228 were counted for AWA, 3 for PLASLU, and 11 were declared no union or spoiled. This gave AWA a total of 377 votes against PLASLU’s 239, leading the CIR to certify AWA as the bargaining agent. PLASLU contested this, arguing the 242 votes it challenged (cast by stevedores and piece workers) should have been excluded as ineligible.
ISSUE
Whether the CIR erred in counting the 242 votes challenged by PLASLU, which were cast by stevedores and piece workers, in the certification election.
RULING
Yes. The Supreme Court reversed the CIR’s order. The Court held that the 242 challenged votes, cast by casual stevedores and piece workers, should have been excluded. These workers were not included in the list of employees from the company’s 1955 milling season payroll nor in “Exhibit X-Court,” as expressly required by the CIR’s election order. Furthermore, citing Democratic Labor Union vs. Cebu Stevedoring Co., Inc., the Court ruled that in determining a bargaining unit, factors such as employment status and unity of interest must be considered. These casual employees, hired on a temporary, day-to-day basis with no reasonable expectation of continued employment and performing work of a different nature, did not share a sufficient mutuality of interest with the permanent or regular employees to justify their inclusion in the same bargaining unit. Disregarding these ineligible votes, PLASLU obtained a majority of the valid votes. Consequently, PLASLU is certified as the sole collective bargaining representative of the employees of San Carlos Milling Co.