George & Peter Lines, Inc. vs. Associated Labor Unions (ALU)

George & Peter Lines, Inc. vs. Associated Labor Unions (ALU)
GR No. L-51602, January 17, 1985

Facts:
ALU filed for a petition for Direct Certification, praying that it be certified as the sole and exclusive bargaining representative of all rank and file employees of G&PL.
G&PL opposed the petition stating that ALU does not represent the majority of the employees concerned, especially in the light of the claim of more than 80% of the licensed and unlicensed crew of its vessels that they are not members of any union and have no desire to join any.
The Med-Arbiter issued an Order directly certifying ALU as the sole and exclusive bargaining agent of G&PL employees.
G&PL moved for reconsideration alleging that a certification election (CE) should be called for the interest of fairness and justice.

Issue:
Whether a direct certification would suffice to prove the alleged majority representation status of a union

Held: No, it would not suffice.
Certification election is the best and most appropriate means of ascertaining the will of the employees as to their choice of an exclusive bargaining representative. That there are no competing Unions involved should not alter that principle, the freedom of choice by the employees being the primordial consideration besides the fact that the employees can still choose between ALU and No Union. Even if the withdrawals of the employees concerned were submitted after the Petition for direct certification had been filed, the doubt as to the majority representation of the Union has arisen and it is best to determine the true sentiment of the employees through a certification election.