Disqualification of a Candidate UST FACULTY UNION VS.

UST Facts: The respondent filed a petition for certification election with the DOLE Regional Office on June 15, 1998 identifying itself to be an affiliate of the Federation of Free Workers (FFW) seeking to represent the permanent rank and file monthly paid employees of the petitioner. Attached to their petition were the ff. documents: 1. Charter certificate issued by FFW dated June 5, 1998 certifying respondent as a local/chapter 2. Constitution prepared by its Secretary (Bathan) and attested by its President (Sagun) 3. list of respondents officers and respective addresses, prepared by Sec, attested by Pres 4. certification that it had just been organized thus no collection has yet been made from its members, signed by Treasurer (Rodriguez) and attested by Pres 5. list of all of petitioners rank and file monthly paid employees Mediator Arbitrer was assigned. Petitioner: Motion to Dismiss: respondent is not part of the list of legitimate labor organizations based on the certification issued by the Regional DOLE Office Respondent: filed the above listed documents to the Bureau of Labor Relations in compliance with Labor Code IRRs and to facilitate their inclusion in the roster of legitimate labor organizations. On July 30, 1998 DOLE gave them a certification that they acquired legal personality as a labor organization. Position Paper: they complied with all the necessary requirements for the certification elections. Petitioners relying on mere technicalities. Petitioner: Comment: respondents not a legitimate organization at the time of filing of petition for elections and two of its officers (VP and Sec) are supervisory employees Petition to cancel union registration Denied by DOLE and affirmed by CA. Decision final. Med Arbiter: Petition for certification election dismissed. When the respondents submitted their petition on June 15 1998 they did not yet have the legal personality to file it. DOLE Undersecretary: Reversed Med Arb stating that the respondent acquired legal personality when it filed its petition for certification election when it submitted the required documents based on Sec 3 Rule IV of the New IRR of the Labor Code locals/chapters acquire legal personality from the date of filing of the complete documentary requirements. Contentions re supervisory employees may be threshed out during the pre-election conferences. CA affirmed. Petitioners filed a petition for review on certiorari. ISSUES:

1. WON respondent acquired legal personality when it filed its petition for certification election (Yes) 2. WON the two employees were supervisory (No) 3. WON subsequent changes in the composition of the respondents officers (four of them were no longer connected with the company) pending the case had any effect on their petition for certification election (No effect) HELD: Petition denied. At the time the respondent filed their petition for certification election, they had substantially complied with the Labor Code IRR requirements as revised by Department Orders 40 and 9 for acquiring legal personality. Provisions of law that support the right to self-organization must be liberally construed. ISSUE RE ACTION OF PETITION FOR CERTIFICATION OF ELECTION: Only duly registered labor organizations including their branches or locals can file a petition for certification of election. REQUIREMENTS FOR REGISTRATION of LOCAL CHAPTER/UNION The requirements for registration of local chapters/chartered locals are now less strict compared to those for national unions and independent labor organizations. Department Order 40 defines chartered locals as labor organizations in the private sector operating at the enterprise level that acquired legal personality c/o the issuance of a charter certificate by a duly registered federation or national union, and reported to the Regional Office. Based on Department Order 9 Section 1 Rule VI, chartered locals are created upon the submission of the federation/national union of the ff documentary requirements to the Regional Office: 1. charter certificate issued by the federation/national union 2. names and addresses of local chapter officers, principal office of local 3. local/chapters constitution and by laws Department Order 9 has eliminated the former requirement of submission of books of accounts and Section 3 thereof states that locals/chapters acquire legal personality from the date of filing of the complete documents enumerated above. Art 212 of the Labor Code defines a labor organization as any union or association of employees w/c exists in whole or in part for the purpose of collective bargaining or of dealing with employers. A labor organization is deemed to acquire legal personality only upon the date of issuance of its certificate of registration (Sec 5, Rule V, Department Order 9). RATIONALE: The rationale behind the less stringent requirements for local chapters are: 1. To encourage the affiliation of local unions with federations or national unions in order to increase the local unions bargaining powers for terms and conditions of labor 2. Local chapters rely on the legal personality of their federation or national unions which has already undergone evaluation and approval from the

Bureau of Labor Relations or Regional Office which includes and whose legal personality cannot be subject to collateral attack WHO INITIATES REGISTRATION AS CHAPTER: GR: The labor federation/national union initiates the creation of a local or a chapter. It issues a charter certificate and submits this along with the aforementioned documentary requirements to the Regional Office or Bureau, certified under oath by the Secretary or Treasurer and attested to by the President. ER: Case at bar. Liberal interpretation applied. The charter itself, after having been issued by its federation (FFW) a charter certificate, submits to the Regional Office all of the documentary requirements for creating a local/chapter together with its petition for certification of election. EFFECT OF CHANGE IN COMPOSITION: There is no effect on the Courts ruling that a certification of election should be conducted immediately. The resignation of some of the respondents officers from the petitioner is of no moment since the local/chapter retains a separate legal personality from that of its officers or members that remains viable notwithstanding any turnover in its members or officers.