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.

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.