This case has been cited 3 times or more.
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2014-07-23 |
BERSAMIN, J. |
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| Basic in the realm of labor union rights is that the certification election is the sole concern of the workers,[29] and the employer is deemed an intruder as far as the certification election is concerned.[30] Thus, the petitioner lacked the legal personality to assail the proceedings for the certification election,[31] and should stand aside as a mere bystander who could not oppose the petition, or even appeal the Med-Arbiter's orders relative to the conduct of the certification election.[32] As the Court has explained in Republic v. Kawashima Textile Mfg., Philippines, Inc.[33](Kawashima): Except when it is requested to bargain collectively, an employer is a mere bystander to any petition for certification election; such proceeding is non-adversarial and merely investigative, for the purpose thereof is to determine which organization will represent the employees in their collective bargaining with the employer. The choice of their representative is the exclusive concern of the employees; the employer cannot have any partisan interest therein; it cannot interfere with, much less oppose, the process by filing a motion to dismiss or an appeal from it; not even a mere allegation that some employees participating in a petition for certification election are actually managerial employees will lend an employer legal personality to block the certification election. The employer's only right in the proceeding is to be notified or informed thereof. | |||||
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2013-07-23 |
PERALTA, J. |
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| First off, We cannot agree with private respondent's invocation of R.A. No. 9481. Said law took effect only on June 14, 2007; hence, its applicability is limited to labor representation cases filed on or after said date.[39] Instead, the law and rules in force at the time private respondent filed its petition for certification election on May 31, 2002 are R.A. No. 6715, which amended Book V of Presidential Decree (P.D.) No. 442 (the Labor Code), as amended, and the Rules and Regulations Implementing R.A. No. 6715, as amended by D.O. No. 9, which was dated May 1, 1997 but took effect on June 21, 1997.[40] | |||||