National Mines and Allied Workers Union (NAMAWU-MIF) vs. Secretary of Labor

National Mines and Allied Workers Union (NAMAWU-MIF) vs. Secretary of Labor
GR No. 106446, November 16, 1993

Facts:
NAMAWU-MIF is the exclusive bargaining agent of all the rank-and-file employees of Quality Container Corporation (QCC). 38 days before the expiration of the collective bargaining agreement (CBA) between NAMAWU-MIF and QCC, Federation of Free Workers-Samahang Mangagawa sa Quality Container Corporation (FFW-SMQCC) filed a petition for certification election (CE).

Attached to the original petition for CE was a list of 141 supporting signature out of the 300 employees belonging to the appropriate bargaining unit to be represented by FFW-SMQCC. QCC sought to delete from the list some 36 signature which were allegedly forged and falsified. NAMAWU-MIFF likewise submitted a joint affidavit of 13 employees, disclaiming the validity of the signatures therein.

Issue:

Whether employees' refusal to be represented dispenses with the need for a CE

Held: No, it does not.

If indeed there are employees in the bargaining unit who refused to be represented by respondent FFW-SMQCC, with all the more reason should a certification election be held where the employees themselves can freely and voluntarily express by secret ballot their choice of bargaining representative. A certification election is the most effective and expeditious way to determine which labor organization can truly represent the working force in the appropriate bargaining unit of the company.