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    Coastal Subic Bay Terminal V DOLE

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    Joey Mapa
    This case involves a petition filed by Coastal Subic Bay Terminal, Inc. against two employee unions seeking certification - a rank-and-file union and a supervisory union. The company claimed the unions were not legitimate organizations. The Secretary of Labor and Employment ruled the unions were separate and distinct, having secured valid registration, and ordered a certification election. The issues were whether the supervisory union could file separately from the rank-and-file union, whether the Secretary's decision was correct, and whether the unions were guilty of commingling. The Court ultimately found the unions could not file separately as they shared common officers and were not truly distinct, which could compromise collective bargaining.

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    Coastal Subic Bay Terminal V DOLE

    Uploaded by

    Joey Mapa
    99 views2 pages
    This case involves a petition filed by Coastal Subic Bay Terminal, Inc. against two employee unions seeking certification - a rank-and-file union and a supervisory union. The company claimed the unions were not legitimate organizations. The Secretary of Labor and Employment ruled the unions were separate and distinct, having secured valid registration, and ordered a certification election. The issues were whether the supervisory union could file separately from the rank-and-file union, whether the Secretary's decision was correct, and whether the unions were guilty of commingling. The Court ultimately found the unions could not file separately as they shared common officers and were not truly distinct, which could compromise collective bargaining.

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    Coastal Subic Bay Terminal v DOLE

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    This case involves a petition filed by Coastal Subic Bay Terminal, Inc. against two employee unions seeking certification - a rank-and-file union and a supervisory union. The company claimed the unions were not legitimate organizations. The Secretary of Labor and Employment ruled the unions were separate and distinct, having secured valid registration, and ordered a certification election. The issues were whether the supervisory union could file separately from the rank-and-file union, whether the Secretary's decision was correct, and whether the unions were guilty of commingling. The Court ultimately found the unions could not file separately as they shared common officers and were not truly distinct, which could compromise collective bargaining.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    99 views2 pages

    Coastal Subic Bay Terminal V DOLE

    Uploaded by

    Joey Mapa
    This case involves a petition filed by Coastal Subic Bay Terminal, Inc. against two employee unions seeking certification - a rank-and-file union and a supervisory union. The company claimed the unions were not legitimate organizations. The Secretary of Labor and Employment ruled the unions were separate and distinct, having secured valid registration, and ordered a certification election. The issues were whether the supervisory union could file separately from the rank-and-file union, whether the Secretary's decision was correct, and whether the unions were guilty of commingling. The Court ultimately found the unions could not file separately as they shared common officers and were not truly distinct, which could compromise collective bargaining.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Coastal Subic Bay Terminal v DOLE

    Quisimbing|Nov 20 2006
    Union Registration : Registration Proceeding ; Union Affiliation

    Facts:

     Petition for Certification Election. Private respondents Coastal Subic Bay Terminal, Inc. Rank-
    and-File Union (CSBTI-RFU) and Coastal Subic Bay Terminal, Inc. Supervisory Union (CSBTI-SU)
    filed separate petitions for certification election before Med-Arbiter Eladio de Jesus of the
    Regional Office No. III. The rank-and-file union insists that it is a legitimate labor organization
    having been issued a charter certificate by the Associated Labor Union (ALU), and the
    supervisory union by the Associated Professional, Supervisory, Office and Technical Employees
    Union (APSOTEU).

     Petitioner’s Claims. The petitioner-company claims that the two unions are not legitimate
    organizations. The opposition was acted on favorably by the Med Arbiter, who did not rule on
    the legitimacy but dismissed the petitions of the respondents on the ground that the APSOTEU
    and ALU are one and the same and thus the two unions were affiliated with one and the same
    federation.

     Secretary of Labor and Employment. The sec reversed the rulings of the med arbiter. He
    declared that they separate and distinct labor unions having secured separate certifications of
    registration from the DOLE. A certification election was ordered. This was affirmed by the CA.

    Issues:

    1. WON the supervisory union and the rank-and-file union can file separate petitions for
    certification election

    See third issue

    2. WON the secretary’s decision based on stare decisis was correct in holding that the Secretary’s
    ruling that APSOTEU is a legitimate labor organization and its personality cannot be assailed
    unless in an independent action for cancellation of registration certificate

    a. Yes. Section 5, Rule V, Book V of the Implementing Rules states:

    Section 5. Effect of registration – The labor organization or workers’ association shall be deemed
    registered and vested with legal personality on the date of issuance of its certificate of registration. Such
    legal personality cannot thereafter be subject to collateral attack, but maybe questioned only in an
    independent petition for cancellation in accordance with these Rules.

    Thus, APSOTEU is a legitimate labor organization and has authority to issue charter to its affiliates. It
    may issue a local charter certificate to CSBTI-SU and correspondingly, CSBTI-SU is legitimate.
    3. WON the private respondents were guilty of commingling

    “Under Article 245 of the Labor Code, supervisory employees are not eligible for membership in
    a labor union of rank-and-file employees. The supervisory employees are allowed to form their own
    union but they are not allowed to join the rank-and-file union because of potential conflicts of
    interest. Further, to avoid a situation where supervisors would merge with the rank-and-file or
    where the supervisors’ labor union would represent conflicting interests, a local supervisors’ union
    should not be allowed to affiliate with the national federation of unions of rank-and-file employees
    where that federation actively participates in the union activity within the company”

    Both unions share a common set of officers therefore possible conflicts of interests will arise. So
    as long as they are respectively affiliated with APSOTEU and ALU, they do not meet the criteria of
    legitimate labor organizations. This is in line with the idea that unions are supposed to increase the
    collective bargaining power of employees, something that will be compromised if supervisory
    employees commingled with the rank and file unions. They cannot file separate petitions for
    certification election.

    Held: Petition granted

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