SPFL v. Calleja

JR., J.:

This petition for certiorari seeks to annul and set aside the Order issued by public respondent Director Pura Ferrer Calleja of the Bureau of Labor Relations dated June 23, 1987 which certified the respondent union, Mindanao Miners Employees Union-Sandigan ng Manggagawang Pilipino (MMEU-Sandigan), as the sole and exclusive bargaining representative of the rank-and-file employees of respondent Apex Mining Company (Apex) after the said public respondent denied the motion of herein petitioner to exclude one hundred ninety-seven (197) employees from voting in the certification election. The denial is based on the ground that they are rank-and-file employees. As summarized by the Solicitor General in his Comment, the facts are as follows: "On December 29, 1986, petitioner Southern Philippines Federation of Labor filed a petition for certification election among the rank-and-file employees of private respondent Apex Mining Company, Incorporated with the Department of Labor in Region XI, Davao City.

"On February 6, 1987, Med-Arbiter Conrado 0. Macasa, Sr. issued an Order calling for the holding of the certification election on February 23, 1987 among the rank-and-file employees of APEX with the following choices: " '1.

Southern Philippines Federation of Labor (SPFL) 2. Mindanao Miners Employees Union-Sandigan ng Manggagawang Pilipino (MMEU-Sandigan) and 3. No union.

"On February 9, 1987, a pre-election conference was conducted among the petitioner Union; private respondent Union, MMEU-Sandigan; and APEX to settle details in the conduct of the election such as the venue of the election and the list of employees qualified to vote in the election. "During the pre-election conference, the parties agreed to delete from the list of workers prepared and submitted by APEX numbering One Thousand Seven Hundred Sixteen (1,716), the names of nineteen (1 9) managerial employees and seventy-three probationary employees who were statutorily disqualified from voting. Petitioner Union objected to the inclusion in said list of the following: (1) employees occupying the positions of Supervisor I, II, and III; (2) employees under confidential/special payrolls; and (3) employees who were not paying Union dues.

The petitioner Union contends that the aforementioned employees were disqualified from participating in the certification election since the Supervisors were managerial employees while the last two were disqualified by virtue of their non-membership in the Union and their exclusion from the benefits of the collective bargaining agreement. "In view of the lack of agreement among the parties on the list of qualified voters, Med-Arbiter Macasa issued an Order on February 20, 1987, the dispositive portion of which reads: " 'Wherefore, premises considered it is hereby declared that the following groups of workers be not included in the list of employees qualified to vote in the consent election on February 23, 1987, as follows: 1 Nineteen (19) managerial employees; 2 Seventy-three (73) probationary employees; and 3 Nineteen (19) Supervisors 1; All other workers except the foregoing will be allowed to vote."

On February 23, 1987, the day of the certification election, petitioner Union filed a Motion for Reconsideration of Macasa's Order dated February 20, 1987. The certification election was nonetheless conducted, with the result as follows: ' 1.

Southern Philippines Federation of Labor............. 614 2. Mindanao Miners Employees union (MMEU- Sandigan)...................................................

528 3. No Union......................................................................... 9 4.

Challenged Ballots...................................................... 197 5. Spoiled............................................................................

25 TOTAL VOTES CAST............................................................ 1,373 On the basis of the foregoing results, respondent Union filed an Urgent Motion to Open the Challenged Ballots, with the prayer, to wit: " 'Wherefore, premises considered, it is most respectfully prayed of this Honorable office that this instant motion be given due course and that an order be issued to open and count the challenged ballots in order to determine, once and for all, the winner in the certification and/or consent election and thereafter certify the sole and exclusive collective bargaining representative of all rank-and-file employees and workers of Apex Mining Company, Incorporated."

x x x x x x x x x On March 11, 1987, APEX filed a Manifestation and Motion manifesting its interest in the speedy resolution of the case and primary concern for "the restoration of normalcy and the preservation of industrial peace in the already explosive situation in the mining area." x x x x x x x x x On March 19, 1987, Med-Arbiter Macasa issued an Order, the dispositive portion of which reads: "Wherefore, the interest of industrial peace considered, it is hereby directed that the challenged ballots be opened and inventoried on 26 March 1987 at 3:00 p.m., before the entire records of the case be indorsed to the BLR for review." x x x x x x x x x Petitioner Union appealed Macasa's Order dated March 19, 1987 to the Bureau of Labor Relations.

On April 14, 1987, BLR Director Pura Ferrer-Calleja issued an Order, the dispositive portion of which reads: "

WHEREFORE, the Appeal of petitioner Southern Philippines Federation of Labor (SPFL) is hereby dismissed for lack of merit and the Med- Arbiter's Order dated 19 March 1987 is affirmed with modification that the 197 ballots should be opened and canvassed by Labor Regional Office XI, Davao City. Let, therefore, the records of this case be immediately remanded to the said office, for the immediate implementation of this Resolution." Petitioner Union moved for a reconsideration of the resolution dated April 14, 1987. Meanwhile, on May 21, 1987, Med-Arbiter Macasa opened and canvassed the 197 challenged ballots with the result as follows: SPFL 12 votes SANDIGAN 178 votes No Union 2 votes Spoiled 4 votes Envelop with no ballots 1 vote TOTAL