VASSAR INDUSTRIES EMPLOYEES demonstrated beyond doubt, as in this

UNION (VIEU), v. HON. FRANCISCO L. case, a certification election is the most

ESTRELLA; as Acting Director of the expeditious way of determining which labor
Bureau of Labor Relations, organization is to be the exclusive
ASSOCIATED LABOR UNIONS (ALU), bargaining representative."
and VASSAR INDUSTRIES, INC.
(Outline topic: Remedy)
FACTS:
- There was in existence - The prayer in the petition is limited to
a collective bargaining agreement between ordering respondent official to give due
private respondents Associated Labor course to petitioner's application for
Unions and Vassar Industries, Inc. which registration.
expired on May 15, 1977.
- As this is a certiorari proceeding,
- Prior to such date, 111 of a total number equitable in character, this Court is
of 150 employees of such firm disaffiliated empowered to grant the relief adequate
from the former labor organization and and suitable under the circumstances so
formed their own union. that justice in all its fullness could be
achieved.
- Thereafter, they filed an application for
registration of their union with the - There is this affirmation in the comment of
Bureau of Labor Relations, complying with the then Acting Solicitor General Vicente V.
the requirements of both the Labor Code Mendoza as counsel for respondent
and its implementing regulations. Estrella: "As long as an applicant union
complies with all of the legal requirements
- While such application was pending, for registration, it becomes the BLR's
petitioner Union filed a petition for ministerial duty to so register the union."
certification as bargaining agent for the
rank-and-file employees of the company. - It suffices then to order that petitioner
Union be registered, there being no legal
- The Med-Arbiter, on May 24, 1977, denied obstacle to such a step and the duty of the
their plea on the ground that the union was Bureau of Labor Relations being clear.
not duly registered with the Department of
Labor. Then came a motion for - Then there is this ruling in Philippine Labor
reconsideration praying that Alliance Council v. Bureau of Labor
the dismissal be set aside until action be Relations that calls for application that
taken on its pending application for "once the fact of disaffiliation has been
registration. demonstrated beyond doubt, as in this
case, a certification election is the most
- On July 5, 1977, respondent Estrella, then expeditious way of determining which labor
Acting Director of the Bureau of Labor organization is to be the exclusive
Relations, denied, as previously noted, the bargaining representative."
application for registration "on the ground
that there is a registered - In the meanwhile, if as contended by
collective bargaining agent in the private respondent labor union the interim
company." Hence this petition. collective bargaining agreement, which it
engineered and entered into on September
ISSUE: 26, 1977, has much more favorable terms
WON the refusal of respondent Francisco L. for the workers of private respondent
Estrella, then the Acting Director of the Vassar Industries, then it should continue in
Bureau of Labor Relations, to full force and effect until the appropriate
register petitioner Vassar bargaining representative is chosen and
Industries Employees Union was proper. NO negotiations for a new collective bargaining
agreement thereafter concluded.
RATIO:
- Petitioner Union should be registered, -This is one way of assuring that both the
there being no legal obstacle to such a step social justice, and the protection to labor
and the duty of the Bureau of Labor provisions would be effectively
Relations being clear in this regard. "Once implemented without sanctioning an
the fact of disaffiliation has been
attempt to frustrate the exercise of this
Court's jurisdiction in a pending case.
- WHEREFORE, the writ of certiorari is
granted and the Bureau of Labor Relations
ordered to conduct at the earliest
practicable date of a certification election
with petitioner labor union, Vassar
Industries Labor Union, and private
respondent labor union, Associated Labor
Unions, participating therein to determine
the exclusive bargaining representative of
the workers employed in Vassar Industries,
Inc. This decision is immediately executory.