NATIONAL CONGRESS OF UNIONS IN THE SUGAR INDUSTRY vs TRAJANO (Medialdea, 1992 !

UIC" FACTS: FACTS# Petitioner National Congress of Unions in the Sugar Industry of the Philippines (NACUSIP)-TUCP is the certified exclusi e !argaining representati e of the ran" and file #or"ers of Calinog $efinery Corporation% Pri ate respondent &ederation of Unions of $i'al (&U$)-TUCP is a la!or organi'ation duly registered #ith the (epart)ent of *a!or and +)ploy)ent #hile pri ate respondent !y irtue of the certification election held on ,arch -./ 0120% 3n 4uly 05/ 0126/ Calinog $efineries +)ployees Union (C$+U)-NACUSIP/ the certified exclusi e !argaining representati e of the ran" and file #or"ers of Calinog $efinery Corporation opted for oluntary ar!itration (7A) after filing a petition for deadloc" in collecti e !argaining #ith the ,inistry of *a!or and +)ploy)ent (,3*+)% A fe# days after/ on 4uly 60/ 0126/ &ederation of Unions of $i'al (&U$)-TUCP filed #ith the $egional 3ffice No% 7I/ ,3*+ (no# (3*+)/ Iloilo City a $e%i%i&' (&) *e)%i(i*a%i&' ele*%i&'/ alleging that: (0) a!out 589 of C$+U:s e)ployees had disaffiliated fro) C$+U-NACUSIP ang ;oined &U$-TUCP< (6) no election had !een held for the past t#el e (06) )onths< and (-) #hile petitioner union had !een certified as the sole collecti e !argaining agent/ for o er a year it failed to conclude a collecti e !argaining agree)ent% C$+U-NACUSIP filed a )otion to inter ene% ACTIN= ,+(-A$>IT+$ ,ilitante: dis)issed the petition for certification election for lac" of )erit since the petition is !arred !y a pending !argaining deadloc"% &U$TUCP appeals to >ureau of *a!or $elations (>*$)/ ,anila% >*$ (I$+CT3$ Cresenciano >% Tra;ano: sets aside the decision of ,ilitante and re)ands case to $egional 3ffice 7I/ Iloilo City for hearing and reception of e idence% ,+(-A$>IT+$ (e)etrio Correa: ifo &U$-TUCP% A ne# election should !e held #ithin 6. days fro) receipt of the order% C$+U-NACUSIP appeals to the >*$% ?hile it is still on appeal/ a ne# C>A !et#een the co)pany and C$+U-NACUSIP #as entered and executed !y the )anage)ent of the National Sugar $efineries Co%/ Inc% and petitioner union and #as su!se@uently ratified !y a )a;ority of the ran" and file e)ployees% 3n the !asis of this C>A/ the *a!or Ar!iter Celerino =recia II issued an a#ard adopting the su!)itted agree)ent as the C>A !et#een the parties% >*$ (I$+CT3$ Cresenciano >% Tra;ano: affir)s #ith @ualification the order of ,edAr!iter Correa% Ae says that since B89 of the #or"ers are no# affiliated #ith &U$TUCP/ thus/ C$+U-NACUSIP:s status as sole and exclusi e !argaining representati e

is no# of dou!tful alidity/ and therefore a ne# certification election is in order% C$+U-NACUSIP files ,$% ,$ denied/ thus this petition% Note: Solgen posits that C>A concluded on Septe)!er 0./ 012- has a life span of three (-) years and constitutes a !ar to the petition for certification election pursuant to Section - of the $ules I)ple)enting >atas Pa)!ansa >lg% 0-.% ISSUE# ?3N a petition for certification election )ay !e filed during the pendency of a !argaining deadloc" su!)itted to ar!itration or conciliationC RULING# N3/ it )ay not !e filed% (ir% Tra;ano co))itted a gra e a!use of discretion #hen he ordered a certification election during the pendency of a !argaining deadloc"% is Section -/ >oo" 7/ $ule 7 of the 3)ni!us $ules I)ple)enting the *a!or Code says: DS+CTI3N -%?hen to file% E In the a!sence of a collecti e !argaining agree)ent duly registered in accordance #ith Article 6-0 of the Code/ a petition for certification election )ay !e filed at any ti)e% Ao#e er/ no certification election )ay !e held #ithin one year fro) the date of issuance of a final certification election result% Neither )ay a representation @uestion !e entertained if/ !efore the filing of a petition for certification election/ a !argaining deadloc" to #hich an incu)!ent or certified !argaining agent is a party had !een su!)itted to conciliation or ar!itration or had !eco)e the su!;ect of alid notice or stri"e or loc"out% DIf a collecti e !argaining agree)ent has !een duly registered in accordance #ith Article 6-0 of the code/ a petition for certification election or a )otion for inter ention can only !e entertained #ithin sixty (F.) days prior to the expiry date of such agree)ent%D The rule prohi!its the filing of a petition for certification election in the follo#ing cases: (0)during the existence of a collecti e !argaining agree)ent except #ithin the freedo) period< (6)#ithin one (0) year fro) the date of issuance of declaration of a final certification election result< or (-)during the existence of a !argaining deadloc" to #hich an incu)!ent or certified !argaining agent is a party and #hich had !een su!)itted to conciliation or ar!itration or had !eco)e the su!;ect of a alid notice of stri"e or loc"out% T+e Deadl&*, -a) R.le pro ides that a petition for certification election can only !e entertained if there is no pending !argaining deadloc" su!)itted to conciliation or ar!itration or had !eco)e the su!;ect of a alid notice of stri"e or loc"out% The principal purpose is to ensure sta!ility in the relationship of the #or"ers and the )anage)ent%

In this case/ a !argaining deadloc" #as already su!)itted to ar!itration #hen pri ate respondent &U$-TUCP filed a petition for certification election% (ir% Tra;anoGs decision is nullified and the order of ,ed-Ar!iter ,ilitante dis)issing the petition for certification election is reinstated%