This case has been cited 4 times or more.
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2007-09-12 |
CHICO-NAZARIO, J. |
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| A legitimate labor organization[19] is defined as "any labor organization duly registered with the Department of Labor and Employment, and includes any branch or local thereof."[20] The mandate of the Labor Code is to ensure strict compliance with the requirements on registration because a legitimate labor organization is entitled to specific rights under the Labor Code,[21] and are involved in activities directly affecting matters of public interest. Registration requirements are intended to afford a measure of protection to unsuspecting employees who may be lured into joining unscrupulous or fly-by-night unions whose sole purpose is to control union funds or use the labor organization for illegitimate ends.[22] Legitimate labor organizations have exclusive rights under the law which cannot be exercised by non-legitimate unions, one of which is the right to be certified as the exclusive representative[23] of all the employees in an appropriate collective bargaining unit for purposes of collective bargaining.[24] The acquisition of rights by any union or labor organization, particularly the right to file a petition for certification election, first and foremost, depends on whether or not the labor organization has attained the status of a legitimate labor organization.[25] | |||||
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2005-08-16 |
TINGA, J. |
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| threshed out during pre-election conferences. Petitioner cites the cases of Toyota Motors and Progressive Development Corporation-Pizza Hut v. Ledesma[45] wherein the Court ruled that the question of prohibited membership of both supervisory and rank-and-file employees in the same union must be inquired into anterior to the granting of an order allowing a certification election; and that a union composed of both of these kinds of employees does not possess the requisite personality to file for recognition as a legitimate labor organization. It should be noted though that in the more recent case of Tagaytay Highlands International Golf Club v. Tagaytay Highlands Employees Union,[46] the Court, notwithstanding Toyota and Progressive, ruled that after a certificate of registration is issued to a union, its legal personality cannot be subject to collateral attack, but questioned only in an independent petition for cancellation.[47] | |||||
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2003-01-22 |
CARPIO MORALES, J. |
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| Citing Toyota[19] which held that "a labor organization composed of both rank-and-file and supervisory employees is no labor organization at all," and the subsequent case of Progressive Development Corp. Pizza Hut v. Ledesma[20] which held that:"The Labor Code requires that in organized and unorganized establishments, a petition for certification election must be filed by a legitimate labor organization. The acquisition of rights by any union or labor organization, particularly the right to file a petition for certification election, first and foremost, depends on whether or not the labor organization has attained the status of a legitimate labor organization. | |||||
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2002-08-08 |
BELLOSILLO, J. |
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| we emphasized in Progressive Development Corp. - Pizza Hut v. Laguesma,[13] if a labor organization's application for registration is vitiated by falsification and serious irregularities, a labor organization should be denied recognition as a legitimate labor organization. And if a certificate of registration has been issued, the propriety of its registration could be assailed directly through cancellation of registration proceedings in accordance with Arts. 238 and 239 of the Labor Code, or indirectly, by challenging its petition for the issuance of an order for certification election. We believe the procedural requirements to impugn the registration by petitioner were more than adequately complied with as shown in the 1997 case of Toyota Motor Philippines Corporation v. Toyota Motor Philippines Corporation Labor Union.[14] There is no reason to belabor the primordial importance of strictly complying with the registration requirements of the Labor Code. As we have explained in a long line of cases, the activities of labor organizations, associations and unions are impressed with public interest, | |||||