72 SCRA 396
PHILIPPINE ASSOCIATION OF FREE LABOR UNIONS (SEPTEMBER CONVENTION), petitioner,
DIRECTOR PURA FERRER CALLEJA of the Bureau of Labor Relations (BLR),
Kalipunan ng Manggagawang Pilipino (KATIPUNAN)
Malayang Samahan ng mga Manggagawa sa Hundred Island Chemical Corporation (SAMAHAN)
and Hundred Island Chemical Corporation, respondents.
NATURE OF THE CASE:
A Labor Union petitioning for certiorari questioning the order of respondent Director of BLR dated 27, July 1987 to allow KAMAPI for motion for intervention.
Petitioner union questions the decision of Labor Relations Director when it allowed the filing of Motion for Intervention of respondent KAMAPI on the ground that it allegedly DID NOT comply the 20% requirement of Implementing Rules Rule V, Section 6 of EO 111.
A special civil action for certiorari, questioning the order of respondent Director dated 27, July 1987,.
A petition for certification election among the rank-and-file workers of the Hundred Island Chemical Corporation was filed with the Bureau of Labor Relations (BLR) by respondent, but petitioner PAFLU intervened. KAMAPI filed intervention also but without similar written consent of the employer’s workers.
Section 6, Rule V of the Rules Implementing Executive Order No. 111, which reads:
SEC. 6. PROCEDURE. ...Med-Arbiter shall grant the petition upon verification that the same is supported by the written consent of at least twenty (20%) of all the employees in the collective bargaining unit, the twenty (20%) support shall be satisfied upon the filing of the petition for certification election, otherwise, the petition shall be dismissed. In either case, he shall cite the ground.
Pertinent to the above rule is Section 7 of E.O. 111 to which the former relates Art. 258.
Petitions in unorganized establishments. - the petition for certification election filed by a legitimate labor organization shall be supported by the written consent of at least twenty (20%) percent of all the employees in the bargaining unit. Upon receipt of such petition, the Med-Arbiter shall automatically order the conduct of a certification election.
Did the Director of BLR abuse her discretion?
(i.e. by allowing KAMAPI to file a motion for intervention without a prior showing that it has the required support expressed in the written consent of at least twenty (20%) percent of all employees in the collective bargaining unit.)
It is crystal clear from the said provisions that the requisite written consent of at least 20% of the workers in the bargaining unit applies to petitioners for certification election only, and not to filing of motions for intervention. Obviously, the percentage requirement pertains only to the petition for certification election, and nothing else.
When the Executive or Administrative provision is clear, no need to construe. The law must be taken would not cause any injustice to anyone.