Case Name: Sta. Lucia East Commercial Corp v.
Secretary of Labor them and that the petion should be filed for violating the 1 year and
G.R. Number: 162355
Topic: Bargaining agent and Author:
certification election proceedings.
Doctrine: The employer may voluntarily recognize repetition status of
a union in unorganized establishments. SLECC was not an unorganized
establishment when it voluntarily recognized SMSLEC. CLUP-SLECC and
its affilaites filed a petition for certification election and this petition
remained pending thus the voluntary recognition of SMSLEC is void
and cannot bar CLUP-SLECC petition for certification election.
Facts:
- Confederated Labor Union of the Philippines – Sta. Lucia East
Commercial Corp (CLUP-SLECC) filed a petition for certification
election among the regular rank and file employees of sta. lucia
east commercial corporation and its affiliates.
- Med-Arbiter Bactin dismissed the petition due to
inappropriateness of the bargaining unit.
- CLUP-SLECC and its affiliates workers union appealed but
eventually withdrew the appeal which was granted.
- CLUP-SLECC and its affiliates reorganized themselves as CLUP-
SLECCWA limiting its membership to rank and file employees of
Sta. Lucia which was issued a certificate of creation of a local
chapter.
- CLUP-SLECCWA filed a petition alleging that:
- SLECC employs about 115 employees and that more than 20%
of employees belonging to the r and f are its members.
- no certification election has been held among them within the
last 12 months and while there is another union registered with
DOLE covering the same employees (SMSLEC) it has not been
recognized as the exclusive bargaining agent of (SLECC)
employees.
- SLECC filed a MTD:
- averred that it has voluntarily recognized SMSLEC as the
exclusive bargaining agent of its r and f employees
- CBA negotiations have already been commeneced between
negiotation bar rules
- a CBA between SMSLEC and SLECC was ratified by the r and f
employees and registered with DOLE
- CLUP-SLECCWA filed its opposition claiming:
- assailed the validity of the voluntary recognition of the CBA
- it was tainted with malice, collusion and conspiracy
- Chief Leo of DOLE regional office 4 should not have approved
and recorded the voluntary recognition because it is a non-existen labor
organization.
- Med-Aribter dismissed the petition for direction certification on the
ground of contract bar rule.
- the voluntary recognition of the CBA bars the filing of CLUP-
SLECCWAs petition for direct certification.
- SMSLEC is entitled to enjoy the rights, privileges and obligations
of an exclusive bargaining representative.
- SoL found merit in CLUP-SLECCWAs appeal.
- ruled that subsequent negotiations and registration of a CBA
could not bar the petition.
- CLUP-SLECCWA is a registered labor organization at the time of
SLECCs voluntary recognition of SMSLEC.
- SLECC filed an MR but was denied.
- CA affirmed the ruling of the SoL
ISSUE: WON CA COMMITTED REVERSIBLE ERROR WHEN IT AFFIRMED
THESECRETARYS FINDING THAT SLECCS VOLUNTARY RECOGNITION OF
SMSLEC WAS DONE WHILE A LEGITIMATE LABOR ORG WAS IN
EXISTENCE IN THE BARGAINIGN UNIT?
Held/Ratio
Labor organization – any union or association of employees which
exists in whole or in part for the purpose of collective bargaining or of
dealing with employers concerning terms and conditions of
employment.
Upon compliance with all documentary requirements, the regional
officer shall issue in favor of the applicant labor org a certificate
indicating that it is include in the roster of legit labor orgs. It shall
acquire legal personality and entitled to rights and privileges granted and cannot bar CLUP-SLECC petition for certification election.
by law to a legit labor org upon issuance of the certificate of
registration

Bargaining unit – a group of employees of a given employer comprised

of all or less than all of the entire body of employees consistent with
equity to the employer indicated to be the best suited to serve the
recirprocal rights and duties of the parties under the collective
bargaining provisions of the law.
- will of the employees
- substantial similarity of work and duties or compensation and
conditions
- prior collective bargaining history
- similarity of employment status

the court said that CLUP-SLECC and its affiliates workers union initial
problem was that they constituted a legit labor org representing a non-
appropriate bargaining unit. However, it re-registered and limited its
members to r and f of SLECC. The court said that SLECC cannot ignore
that CLUP-SLECC and its affiliates was a legit labor organization at the
time of SLECCs voluntary recognition of SMSLEC.

Also the inclusion in the union of disqualified employees is not among

the gorunds for cancellation of registration unless there is
misrepresentation, false statement or fraud. Thus CLUP-SLECC and its
affiliates after being issued a certificate of registration should be
considered as having acquired juridical personality which may not be
attacked collateraly. The proper procedure therefore is not to
immediately commence voluntary recognition with SMSLEC but rather
to file a petition for cancellation of registration.

The employer may voluntarily recognize represtation status of a union

in unorganized establishments. SLECC was not an unorganized
establishment when it voluntarily recognized SMSLEC. CLUP-SLECC and
its affilaites filed a petition for certification election and this petition
remained pending thus the voluntary recognition of SMSLEC is void