_27 Gr No. 169717 Smcc v. Charter Chemical and Coating Corp.
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Transcript of _27 Gr No. 169717 Smcc v. Charter Chemical and Coating Corp.
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5/28/2018 _27 Gr No. 169717 Smcc v. Charter Chemical and Coating Corp.
#27G.R. No. 169717March 16, 2011SAMAHANG MANGGAGAWA SA CHARTER CHEMICAL SOLIDARITY OF UNIONS INTHE PHILIPPINES FOR EMPOWERMENT AND REFORMS (SMCC-SUPER),ZACARRIAS JERRY VICTORIO-Union Presidentvs.CHARTER CHEMICAL andCOATING CORPORATION
FACTS: SMCC filed a petition for certification election among the regular rank-and-fileemployees of the respondent company, Charter Chemical, with the Mediation ArbitrationUnit of the DOLE, NCR. Charter Chemical filed an Answer with Motion to Dismiss on theground that petitioner union is not a legitimate labor organization because of (1) failure tocomply with the documentation requirements set by law, and (2) the inclusion of supervisoryemployees within the union.
The Med-Arbiter held that the list of membership of petitioner union consisted of 12
batchman, mill operator and leadman who performed supervisory functions. Under Article245 of the Labor Code, said supervisory employees are prohibited from joining petitionerunion which seeks to represent the rank-and-file employees of respondent company. As aresult, not being a legitimate labor organization, petitioner union has no right to file a petitionfor certification election for the purpose of collective bargaining. The DOLE, however, ruledthat there was no independent evidence presented to establish respondent company'sclaim that some members of petitioner union were holding supervisory positions and that itcomplied with all the documentation requirements and consequently allowed thecertification election. The CA gave credence to the findings of the Med-Arbiter that petitionerunion failed to comply with the documentation requirements under the Labor Code. It,likewise, upheld the Med-Arbiters finding that petitioner union consisted of both rank-and-file and supervisory employees.
ISSUE: Whether or not the alleged mixture of rank-and-file and supervisoryemployee[s] of unions membership is a ground for the cancellation of union's legalpersonality and dismissal of the petition for certification election.
HELD: The petitioner union failed to present any rebuttal evidence in theproceedings below after respondent company submitted in evidence the job descriptions ofthe aforesaid employees. The job descriptions indicate that the aforesaidemployeesexercise recommendatory managerial actions which are not merely routinary butrequire the use of independent judgment, hence, falling within the definition of supervisoryemployees under Article 212(m) of the Labor Code. For this reason, we are constrained to
agree with the Med-Arbiter, as upheld by the appellate court, that petitioner union consistedof both rank-and-file and supervisory employees. Nonetheless, the inclusion of theaforesaid supervisory employees in petitioner union does not divest it of its status as alegitimate labor organization. R.A. No. 6715 omitted specifying the exact effect any violationof the prohibition [on the co-mingling of supervisory and rank-and-file employees] wouldbring about on the legitimacy of a labor organization.
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5/28/2018 _27 Gr No. 169717 Smcc v. Charter Chemical and Coating Corp.
The Court applied the case of Tagaytay Highlands Int'l. Golf Club, Inc. v. TagaytayHighlands Employees Union-PGTWO and held that after a labor organization has beenregistered, it may exercise all the rights and privileges of a legitimate labor organization.
Any mingling between supervisory and rank-and-file employees in its membership cannotaffect its legitimacy for that is not among the grounds for cancellation of its registration,unless such mingling was brought about by misrepresentation, false statement or fraudunder Article 239 of the Labor Code.
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5/28/2018 _27 Gr No. 169717 Smcc v. Charter Chemical and Coating Corp.