G.R. No. 111245 - SAMAHAN NG MANGGAGAWA SA PACIFIC PLASTIC, VS. HON. BIENVENIDO LAGUESMA, UNDERSECRETARY OF LABOR, AND MALAYANG NAGKAKAISANG MANGGAGAWA NG PACIFIC PLASTIC.

Ruling

Accordingly, the representation officer of the Secretary of Labor held a pre-election conference on May 6, 1991, during which the PPC was required to submit the list of its rank and file employees based on the company payroll three (3) months prior to the filing of the petition. As respondent company failed to submit the list, it was given a stern warning by the Department of Labor (DOLE) that should it fail to appear at the next conference on June 3, 1991, the list to be submitted by petitioner MNMPP would be used as basis for determining the eligible voters. [2] But the PPC again failed to appear at the conference, prompting the Department of Labor Industrial Relations Division (DOLE-IRD) to issue a final warning. [3] Petitioner SAMAHAN also failed to appear at the June 3, 1991 conference. On June 18, 1991, it moved to defer the conference, alleging that proceedings for the cancellation of union registration of MNMPP were still pending resolution before the Med-Arbiter which constitute a prejudicial question and that there existed a collective bargaining agreement between PPC and SAMAHAN which was a bar to the certification election. [4] MNMPP opposed the motion, contending that the cancellation case had already been finally decided by the DOLE and that the execution of the subject CBA during the pendency of the representation case did not bar the holding of a certification election. [5] On August 23, 1991, the DOLE-IRD summoned respondent company once more, reiterating its warning that should the company fail to submit the list of its rank and file employees, the list to be submitted by private respondent MNMPP and petitioner SAMAHAN would be adopted as the list of qualified voters and the companys right to the exclusion proceedings would be deemed waived. [6] But again PPC did not comply with the DOLE order. Meanwhile, on September 23, 1991, SAMAHAN and MNMPP agreed to hold the certification election on October 29, 1991 on the basis of the list of employees submitted by MNMPP, without prejudice to the submission by petitioner SAMAHAN of its own list on October 17, 1991. [7] Thereafter, they agreed to postpone election to await the list of employees requested from the Social Security System. [8] On September 10, 1992, upon motion of MNMPP, the certification election was finally set for October 6, 1992. But SAMAHAN objected despite its agreement with MNMPP on September 23, 1991 to hold an election using the list furnished by the SSS. [9] It also objected to the participation of a third labor union, Kalipunan ng Manggagawang Pilipino (KAMAPI) which in the meantime had filed a motion for intervention. Thereafter, SAMAHAN filed a Manifestation/Motion that it was not participating in the certification election and asked that the certification election held on the same day be nullified for the following reasons: (1) it did not receive notice of the certification as required by law; (2) its opposition to KAMAPIs motion to intervene and its oppositi