Belyca Corporation vs.

Calleja

• Respondent associate Labor Union filed with the Regional office of Ministry of Labor a petition
for direct certification as the sole and exclusive bargaining agent of all the rank and file employees of
Belyca Corporation approximately having 205 rank and file employees

• In their CBA, in case of doubt of the union’s majority representation, the issuance of an
immediate certification election is included

• Respondent alleged that there was no CBA, that there was no certification election conducte,
that more than a majority of the rank and file workers consented to the filing of the petition, and that
due to the notice of recognition of being the sole bargaining unite, 119 members were dismissed with
some officers

• Petitioner alleged that:

o Due to the nature of its business, very few of its employees are permanent an majority of the
employees are seasonal

o That 138 rank and file employees who authorized the filing:

14 were no longer wrking

4 resigned

6 withdrew their membership

5 were retrenched

12 dismissed due to malicious insubordination

o That 128 incumbent workers were merely transferred from the agricultural section as
replacement for those who left

o The statutory requirement of holding a certification election has not been complied with

• LA: granted certification election

• Petitioner appealed to BLR,

ISSUE:

• WON respondent is an appropriate bargaining unit

HELD:

• No. According to Rothberg, a proper bargaining unit maybe said to be a group of employees of a
given employer comprised of all or less than all o the entire body of employees, which the collective
interests of all the employees, consistent with equity to the employer, indicate to be best suited to serve
reciprocal rights and duties of the parties under the collective bargaining provisions of the law

• Among the factors considered are:

o The will of employees

o Affinity and unity of employee’s interest

o Prior collective bargaining history

o Employment status

• The court took notice of the last factor for this case.

• Employes of the livestock and agro division of petitioner perform work different from
supermarts and cinema.

• To lump all the employees of petitioner in its integrated business concerns cannot result in an
efficacious bargaining unit

• These two different employees should have different unions

G.R. No. 77395 Belyca Corporation v. Dir. Calleja, et. al. November 29, 1988

Facts:

On June 3, 1986, private respondent Associated Labor Union (ALU)-TUCP, a legitimate labor
organization, filed a petition for direct certification as the sole and exclusive bargaining agent of all the
rank and file employees/workers of Belyca Corporation, a duly organized, registered and existing
corporation, employing approximately 205 rank and file employees/workers.

Respondent employer, on the other hand, alleged in its position paper, among others, (1) that of the
total 138 rank-and-file employees who authorized, signed and supported the filing of the petition (a) 14
were no longer working as of June 3, 1986 (b) 4 resigned after June, 1986 (c) 6 withdrew their
membership from petitioner union (d) 5 were retrenched on June 23, 1986 (e) 12 were dismissed due to
malicious insubordination and destruction of property and (f) 100 simply abandoned their work or
stopped working; and (2) that the statutory requirement for holding a certification election has not been
complied with by the union.

The Labor Arbiter granted the certification election sought for by petitioner union in his order dated
August 18, 1986.

Issue:

Whether or not the statutory requirement of 30% (now 20%) of the employees in the proposed
bargaining unit, asking for a certification election had been strictly complied with.

Ruling:

Yes. It is undisputed that petitioner Belyca Corporation (Livestock and Agro Division) employs more or
less two hundred five (205) rank-and-file employees and workers. It is significant to note that 124
employees out of such number have expressed their written consent to the certification election; much
more than the required 30% and over and above the present requirement of 20% by Executive Order
No. 111.

More than that, any doubt cast on the authenticity of signatures to the petition for holding a
certification election cannot be a bar to its being granted. In fact, once the required percentage
requirement has been reached, even the employees’ withdrawal from union membership taking place
after the filing of the petition for certification election will not affect said petition. Also, until a decision,
final in character, has been issued declaring the strike illegal and the mass dismissal or retrenchment
valid, the strikers cannot be denied participation in the certification election.