National Congress of Union in Sugar Industry v.

Ferrer-Calleja (Medialdea, 1992) Pet: National Congress of Unions in the Sugar Industry of the Philippines (NACUSIP-TUCP) Filed for certification election (after freedom period) but denied by Res: Hon. Pura Ferrer-Calleja as the Dir. of Bureau of Labor Relations on MR by Priv. Res: National Federation of Sugar Workers (NFSW-FGT-KMU) the union sought to be replaced by Pet. because it was in a negotiating deadlock with their employer. Facts:

1. Dacongcong Sugar and Rice Milling Co. in Negros Occ. Employs about 500 workers during milling
season, and 300workers during off milling season. Dacongcong has 2 competing labor unions for these workers. 2. Nov. 14, 1984 Dacongcong entered into a CBA with Priv. Res. Natl Federation, effective three years./ until Nov 14, 1987 3. The CBA was renewed, extended for another 3years, BUT with reservation for amendments regarding wage increases, hours of work, and other terms of conditions of employment. 4. The negotiation for the reservations in the CBA, went into a deadlock. The parties agreed to a suspension and cooling off period. 5. Meanwhile (Dec 5, 1988) Pet. National Congress, FILED: direct certification/certification election (They filed beyond the freedom period of 60days before CBA expiry) OPPOSED: National Federation moved to dismiss the petition because, (1) it was filed out of time, (2) there was still the deadlocked CBA. ANSWER: Dacongcong, petition to dismiss. 6. Med-Arbiter: Directed the conduct of the Certification Election. Dir. BLR/Res: Reversed, dismissed the petition for being filed out of time. (beyond freedom pd.) Issue: w/n a petition for certification election may be filed after the 60-day freedom period? Decision: NO. It should be dismissed outright based on RuleV 6 BookV of the labor codes IRR. That the CBA was in deadlock is immaterial because CBAs are deemed to continue to be in force until a new CBA is executed. LC 253. 1. Pet. Stand: That IRR provisions should be liberally construed in favor of workers exercising their right to self-org, Res. does not have jurisdiction, and that Res. ignored SC case of Kapisanan ng mga Mangagawa sa La Suerte-FOITAF v. Noriel. (Court only touched upon the first contention) Res. Stand: Petition was filed out of time(More than a year after CBA expired) and should be dismissed outright. 2. A careful perusal of the provision (RuleV 6 BookV) shows that there is a clear mandate that the petition should be dismissed outright for having been filed outside the 60-day freedom period. 3. Only a certified CBA may serve as a bar to certification elections. (3 RuleV, BookV and PAFLU v. Estrella 170 S 378) a. Here BLR certified the CBA executed in 1984, hence the contract bar rule is applicable. b. petition for certification election or a motion for intervention can only be entertained within sixty days prior to the expiry date of an existing collective bargaining agreement c. OR Rule prohibits the filing of a petition for certification election during the existence of a collective bargaining agreement except within the freedom period, as it is called, when the said agreement is about to expire d. PURPOSE: is to ensure stability in the relationships of the workers and the management by preventing frequent modifications of any collective bargaining agreement earlier entered into by them in good faith and for the stipulated original period (ALU-TUCP v. Trajano) 4. Despite the lapse of the formal effectivity of the CBA the law still considers the same as continuing in force and effect until a new CBA shall have been validly executed. a. As held in Lopez Sugar Corp. v. Federation of Free Workers citing Art. 253 of the Labor code: that "(i)t shall be the duty of both parties to keep the statusquo and to continue in

full force and effect the terms and conditions of the existing agreement during the 60day period and/or until a new agreement is reached by the parties." WHEREFORE Pet. DENIED. Certification Election was not allowed. Czarina Dee