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    The Hercules Industries V SOLE

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    Tenet Manzano
    The company challenged the validity of a certification election that resulted in the NFL being certified as the bargaining agent for the company's rank-and-file workers. The Supreme Court upheld the election results, finding that: 1) the employer is not a party to certification elections and must remain neutral; 2) the company's allegations of issues with voter lists and notice were contradicted by the minutes of the pre-election conference and election; and 3) the company failed to file any proper protests regarding the election process at the time. The Court dismissed the petition and affirmed the NFL's certification.

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    The Hercules Industries V SOLE

    Uploaded by

    Tenet Manzano
    208 views2 pages
    The company challenged the validity of a certification election that resulted in the NFL being certified as the bargaining agent for the company's rank-and-file workers. The Supreme Court upheld the election results, finding that: 1) the employer is not a party to certification elections and must remain neutral; 2) the company's allegations of issues with voter lists and notice were contradicted by the minutes of the pre-election conference and election; and 3) the company failed to file any proper protests regarding the election process at the time. The Court dismissed the petition and affirmed the NFL's certification.

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    Labor Relations

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    The Hercules Industries v SOLE

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    The company challenged the validity of a certification election that resulted in the NFL being certified as the bargaining agent for the company's rank-and-file workers. The Supreme Court upheld the election results, finding that: 1) the employer is not a party to certification elections and must remain neutral; 2) the company's allegations of issues with voter lists and notice were contradicted by the minutes of the pre-election conference and election; and 3) the company failed to file any proper protests regarding the election process at the time. The Court dismissed the petition and affirmed the NFL's certification.

    Copyright:

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

    The Hercules Industries V SOLE

    Uploaded by

    Tenet Manzano
    The company challenged the validity of a certification election that resulted in the NFL being certified as the bargaining agent for the company's rank-and-file workers. The Supreme Court upheld the election results, finding that: 1) the employer is not a party to certification elections and must remain neutral; 2) the company's allegations of issues with voter lists and notice were contradicted by the minutes of the pre-election conference and election; and 3) the company failed to file any proper protests regarding the election process at the time. The Court dismissed the petition and affirmed the NFL's certification.

    Copyright:

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

    The Hercules Industries, Inc. vs.

    SOLE
    G.R. no. 96255 Sept. 18, 1992
    Grino-Aquino, J.

    Facts:

    - Hercules Industries, Inc. (company) is a corporation which employs more or less 180 employees.
    o Private respondent National Federation of Labor (NFL) filed a petition for CE, alleging
    that the existing CBA is already bound to expire and that it enjoys more than 20% of the
    rank-and-file employees.
    o MA: issued an order for the conduct of a CE with the choices: 1. NFL; 2. Hercules
    Employees Labor Union (HELU); 3. No union.
    - Pre-election conference: company charged that the list of voters included 98 scabs (contract
    replacement workers?); 16 capatazes (boss, foreman, overseer); 8 security guards; and 9
    managerial employees.
    o MA: deleted in the list of voters the managerial employees, security guards and the strike
    employees who have executed a deed of quitclaim and voluntarily accepted separation
    pay.
    o NFL: appealed the order to the BLR, alleging that the MA still allowed for the voting of
    the 98 contract replacement workers, among others.
    o Pending resolution of NFLs appeal, however, the CE took place.
    - BLR: granted the appeal of NFL; rendered the CE as null and void, and ordered a new CE minus
    the 98 scab replacement.
    o CE took place, and NFL won as the SEBA of companys rank-and-file. MA afterwards
    certified the result.
    o Company: filed an MR/appeal with DOLE.
    o DOLE: denied the petition.
    Hence, this petition.

    Held:

    - The employer is not a party to a CE which is the sole or exclusive concern of the workers. In the
    choice of their collective bargaining representative, the employer is definitely an intruder.
    o The only instance when the employer may be involved in that process is when it is
    obliged to file a petition for CE on its workers request to bargain collectively pursuant to
    Art. 258 of the LC. After the order for a CE issues. The employers involvement ceases,
    and it becomes a neutral bystander.
    o Case at hand: while employees never requested the company to bargain collectively, still,
    they did not object to the result of the CE.
    - Petitioners challenge against the validity of the CE is devoid of any merit.
    o Petitioner: no notice of CE had been issued, no copies were given to it, nor posted in
    conspicuous places, the payroll was not used as basis for voters list, and that only 15 of
    the 98voters signed their names showing that they actually voted.
    o These allegations are all belied by the minutes of the pre-election conference which
    showed that company was duly notified of the conference and attended the same. The
    minutes of the CE show that the list of voters was copied from the payroll. The same
    minutes also certified that the CE just concluded was conducted in the most just, honest
    and (free) manner without untoward happening. And that we certify that the result
    above is true and correct. This refutes companys allegation that only 15 of the 98
    workers signed the master list to show that they actually voted again.
    o Besides, there is no showing that the company protested the conduct of the CE. Book V,
    Rule VI sec. 3 of the Omnibus Rules states:
    Sec. 3. The Representation officer may rule on any on-the-spot question arising
    from the conduct of the election. The interested party may however, file a protest
    with the representation officer before the close of the proceedings.
    Protests not so raised are deemed waived. Such protests shall be contained in the
    minutes of the proceedings.
    - On the basis of the election minutes, which are the only relevant and competent evidence on
    the conduct of the election, the MA did not err in declaring the NFL as the duly elected
    bargaining agent of the companys rank and file workers.

    Petition Dismissed.

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