LABREL DIGEST PRELIM [Part 2]

Kapatiran sa Meat and Canning Division

- Med Arbiter: Holding of a Certification Election within 20 days

Vs
BLR Dir Ferrer-Calleja

- Upon appeal to BLR, and in the meantime, it was able to negotiate

a new 3-yr CBA with Robina (Dec 3 1987 to Nov 15 1990)

- Med Arb: Ordered a Certification Election to be conducted among

- BLR Dir Calleja: Dismissed the appeal

the regular daily paid rank and file ees/workers of "Universal Robina
Corp-Meat and Canning Division" to determine which of the

- P Tupas filed a Petition alleging that PR acted in excess of her

contending unions shall be the daily wage rank and file's bargaining

jurisdiction and with grave abuse of discretion in allowing a

unit in the Meat and Canning Division

Certification Election

- BLR Dir Ferrer: Dismissed the appeal of P Tupas

Issue:
Whether or not members of INC who refused not to join a

Facts:

labor union can form a union - YES

- P Tupas was the sole and exclusive bargaining rep of the workers
in the MCD-URC from 1984 to 1987, with a 3-yr CBA to expire on

HELD:

Nov 15, 1987

Victoriano vs. Elizalde Rope Workers' Union, 59 SCRA 54, upholding

- 9 28 1987: Tupas filed an amended Notice of Strike as a means of

the right of members of the IGLESIA NI KRISTO sect not to join a

pressuring the company to extend, renew or negotiate a new CBA

labor union for being contrary to their religious beliefs, does not bar

(Within the freedom period of 60 days prior to its expiration)

the members of that sect from forming their own union.

- NEW-ULO, which is composed mostly of workers belonging to the

- The public respondent correctly observed that the "recognition of

INC sect, registered as a labor union

the tenets of the sect ... should not infringe on the basic right of
self-organization granted by the constitution to workers, regardless

- 10 12 87: P Tupas staged a strike but due to the injunction, they

of religious affiliation."

agreed to return to work and to negotiate a new agreement

The fact that TUPAS was able to negotiate a new CBA with ROBINA
- NEW-ULO filed a Petition for a Certification Election claiming that it

within the 60-day freedom period of the existing CBA, does not

has the majority of the daily wage rank and file ees (191)

foreclose the right of the rival union, NEW ULO, to challenge TUPAS'

- P Tupas moved to dismiss on the ff. grounds:

claim to majority status, by filing a timely petition for certification

1. NEW-ULO members were mostly INC members who previously

election on October 13, 1987 before TUPAS' old CBA expired on

refused to affiliate with any labor union

November 15, 1987 and before it signed a new CBA with the

2. The company used the NEW-ULO to defeat Tupas' bargaining

company on December 3, 1987.

rights

- As pointed out by Med-Arbiter Abdullah, a "certification election is

the best forum in ascertaining the majority status of the contending

unions wherein the workers themselves can freely choose their

bargaining representative thru secret ballot."
- Since it has not been shown that this order is tainted with
unfairness, this Court will not thwart the holding of a certification
election (Associated Trade Unions [ATU] vs. Noriel, 88 SCRA 96).