Pambansang Kapatiran Et V Sec of Labor

Pambansang Kapatiran, et al v Sec of Labor
253 SCRA 96
GR No. 111836
February 1, 1996
Topic: Effect of Registration
Petitioners: Pambangsang Kapatiran ng mga Anak Pawis sa Formey Plastic National

Workers Brotherhood
Respondents: Secretary of Labor, Secretary Bienvenido Laguesma, Formey Plastic,
Inc., Kalipunan ng Manggagawang Pilipino (KAMAPI) and Med-Arbiter Rasidali C.
Abdullah
FACTS:
1. The rank and file workers of Formey Plastic, Inc. (FORMEY), formed a local union
known as Pambansang Kapatiran ng mga Anak Pawis sa Formey Plastic (KAPATIRAN)
under the auspices of the National Workers Brotherhood (NWB). They ratified their
Constitution and By-Laws on 4 April 1993.
2. April 22, 1993: KAPATIRAN filed a Petition for Certification Election with the
Department of Labor and Employment (DOLE) Med-Arbiter Division alleging that there
was no existing and effective Collective Bargaining Agreement (CBA) between
FORMEY and any union; neither was there any recognized union within the company.
FORMEY moved to dismiss the petition, while Kalipunan ng Manggagawang Pilipino

(KAMAPI) intervened and likewise moved to dismiss on the ground that there was
already a duly registered CBA covering the period January 1, 1992 - 31 December 1996
hence the contract bar rule would apply.
KAPATIRAN opposed both motions to dismiss with an Addendum thereto claiming that
the CBA executed between FORMEY and KAMAPI was fraudulently registered with the
DOLE and that it was defective since what was certified as bargaining agent was
KAMAPI which, as a federation, only served as mere agent of the local union hence
without any legal personality to sign in behalf of the latter.
Med-Arbiter Rasidali C. Abdullah found that a valid and existing CBA between FORMEY
and KAMAPI effectively barred the filing of the petition for certification election.
3. KAPATIRAN appealed imputing grave abuse of discretion to the Med-Arbiter in

applying the contract bar rule and in not adopting the case of Progressive Development
Corporation v. Secretary, Department of Labor and Employment, as authority to
disregard the CBA between FORMEY and KAMAPI. The Secretary of Labor acting
through Undersecretary Bienvenido E. Laguesma upheld the decision of the Med-
Arbiter. The Motion for Reconsideration having been denied KAPATIRAN now files this
Petition for Certiorari charging the Secretary of Labor with grave abuse of discretion in
applying the contract bar rule literally and in ruling that the Progressive Development
Corporation case could not be invoked.
4. Pending resolution of the petition KAMAPI filed an Urgent Motion to Dismiss the
instant petition contending that it had become moot and academic due to the
cancellation of NWBs certificate of registration and its delisting from the roll of labor
federations. KAPATIRAN opposed the motion claiming that the cancellation and
delisting were not yet final and executory considering that it had filed a motion for
reconsideration with the Bureau of Labor Relations.
ISSUE:
WON there is a validly executed and existing Collective Bargaining Agreement (CBA)
between FORMEY and KAMAPI
HELD: Yes.The rule is that findings of facts of quasi-judicial agencies will not be
disturbed unless there is a showing of grave abuse of discretion. We find none in the
case at bench. We therefore affirm that there is a validly executed collective bargaining
agreement between FORMEY and KAMAPI.
Art. 253-A of the Labor Code provides that (n)o petition questioning the majority status
of the incumbent bargaining agent shall be entertained and no certification election shall
be conducted by the Department of Labor and Employment outside of the sixty (60) day
period immediately before the date of expiry of such five-year term of the collective
bargaining agreement. Sec. 3, Rule V, Book V of the Omnibus Rules Implementing the
Labor Code provides that x x x (i)f a collective bargaining agreement has been duly
registered in accordance with Article .231 of the Code, a petition for certification election
or a motion for intervention can only be entertained within sixty (60) days prior to the
expiry date of such agreement.
The subject agreement was made effective 1 January 1992 and is yet to expire on
31 December 1996. The petition for certification election having been filed on 22
April 1993 it is therefore clear that said petition must fail since it was filed before
the so-called 60-day freedom period. KAPATIRAN insists that the CBA was a fake
it having been surreptitiously registered with the Department of Labor and
Employment.
It is further argued that the CBA has no binding force since it was entered into by
KAMAPI as a federation and not by the local union. Perusal of the agreement proves
the contention flawed. The signatories for KAMAPI consisted of its national president
and of the duly elected officers of the local union. Thus the fact that KAMAPI was
particularly mentioned as the bargaining party without specifying the local union cannot
strip it of its authority to participate in the bargaining process. The local union maintains
its separate personality despite affiliation with a larger national federation.
Disposition: WHEREFORE, the petition is DENIED. The decision of the Secretary of

Labor and Employment dated 15 August 1993 sustaining the order of the Med-Arbiter
dated 31 May 1993 is AFFIRMED.
SUMMARY:
1. The rank and file workers of Formey Plastic, Inc. (FORMEY), formed a local union
known as Pambansang Kapatiran ng mga Anak Pawis sa Formey Plastic (KAPATIRAN)
under the auspices of the National Workers Brotherhood (NWB). They ratified their
Constitution and By-Laws on 4 April 1993.
2. KAPATIRAN filed a Petition for Certification Election with DOLE Med-Arbiter Division
alleging that there was no existing and effective Collective Bargaining Agreement (CBA)
between FORMEY and any union; neither was there any recognized union within the
company.
Motion to dismiss filed => DOLE

By:
1. FORMEY
2. Kalipunan ng Manggagawang Pilipino (KAMAPI)
Ground: there was already a duly registered CBA covering the period January 1, 1992 -
31 December 1996 hence the contract bar rule would apply.
KAPATIRAN opposed both motions to dismiss.

Contentions:
a) that the CBA executed between FORMEY and KAMAPI was fraudulently registered
with DOLE
b) that it (letter a) was defective since what was certified as bargaining agent was
KAMAPI which, as a federation, only served as mere agent of the local union hence
without any legal personality to sign in behalf of the latter
MOTION TO DISMISS GRANTED.

Med-Arbiter Rasidali C. Abdullah found that a valid and existing CBA between FORMEY
and KAMAPI effectively barred the filing of the petition for certification election.
2. KAPATIRAN’s Appeal => Secretary of Labor

Contention: Grave abuse of discretion of the Med-Arbiter in applying the contract bar
rule and in not adopting the case of Progressive Development Corporation v. Secretary,
Department of Labor and Employment, as authority to disregard the CBA between
FORMEY and KAMAPI.
DISMISSED. MED-ARBITER’S DECISION UPHELD.
KAPATIRAN’s MR => Secretary of Labor. DENIED.
3. Hence, KAPATIRAN’s Petition for Certiorari charging the Secretary of Labor with
grave abuse of discretion in applying the contract bar rule literally and in ruling that the
Progressive Development Corporation case could not be invoked.
4. Pending resolution of the petition (for Certiorari), KAMAPI filed an Urgent Motion to
Dismiss the instant petition.
Contention: it had become moot and academic due to the cancellation of NWBs
certificate of registration and its delisting from the roll of labor federations.
KAPATIRAN opposed the motion (to dismiss).

Contention: the cancellation and delisting were not yet final and executory considering
that it had filed a motion for reconsideration with the Bureau of Labor Relations.

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Pambansang Kapatiran, et al v Sec of Labor

Petitioners: Pambangsang Kapatiran ng mga Anak Pawis sa Formey Plastic National

FORMEY moved to dismiss the petition, while Kalipunan ng Manggagawang Pilipino

3. KAPATIRAN appealed imputing grave abuse of discretion to the Med-Arbiter in

Disposition: WHEREFORE, the petition is DENIED. The decision of the Secretary of

Motion to dismiss filed => DOLE

KAPATIRAN opposed both motions to dismiss.

MOTION TO DISMISS GRANTED.

2. KAPATIRAN’s Appeal => Secretary of Labor

DISMISSED. MED-ARBITER’S DECISION UPHELD.

KAPATIRAN’s MR => Secretary of Labor. DENIED.

KAPATIRAN opposed the motion (to dismiss).

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