Agendas transversales

After a labor organization has been registered, 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 cannot affect 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 fraud under Article 239 of the Labor Code.

FACTS:

Samahang Manggagawa sa Charter Chemical Solidarity of Unions in the Philippines for Empowerment and Reforms (petitioner union) filed a petition for certification election among the regular rank-and-file employees of Charter Chemical and Coating Corporation (respondent company) with the Mediation Arbitration Unit of the DOLE, National Capital Region.

Respondent company filed an Answer with Motion to Dismiss on the ground that petitioner union is not a legitimate labor organization because of (1) failure to comply with the documentation requirements set by law, and (2) the inclusion of supervisory employees within petitioner union.

MED-ARBITER RULING: Sided with the company.

DOLE RULING: Granted the union’s petition for a certification election. CA RULING: Reversed the DOLE and upheld the Med-Arbiter’s Ruling.

ISSUE: Does the commingling of supervisory and rank-and-file employees in a union divest it of its personality

as a legitimate labor organization?

SC RULING:

NO. After a labor organization has been registered, 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 cannot affect 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 fraud under Article 239 of the Labor Code.

Applying this principle to the case at bar, petitioner union was not divested of its status as a legitimate labor organization even if some of its members were supervisory employees. It had the right to file the subject petition for certification election. Besides, the legal personality of the union cannot be collaterally attacked by the company in the certification election proceedings the latter being – in the eyes of the law – a mere bystander in such proceedings.

111. PAMELA FLORENTINA JUMUAD, Petitioner v. HI-FLYER FOOD, INC. and/or JESUS R. MONTEMAYOR

G.R. No. 187877 September 2011 Mendoza, J.:

MANAGERIAL EMPLOYEES DOCTRINE:

As long as there is some basis for loss of confidence, such as when the employer has reasonable ground to believe that the employee concerned is responsible for the purported misconduct, and the nature of his participation therein renders him unworthy of the trust and confidence demanded of his position, a managerial employee may be dismissed.

FACTS:

Pamela Florentina Jumuad was employed as Area Manager in Visayas by Hi-Flyer, Inc., the company managing Kentucky Fried Chicken stores throughout the country. Later on, the company discovered lapses on the part of Jumuad in doing her job. Jumuad was given the opportunity to explain the reason these. Nonetheless, the company still terminated her employment on the ground of neglect of duty and breach of trust and confidence. This prompted Jumuad to file a complaint against Hi-Flyer for illegal dismissal.

LA RULING: After finding that no serious cause for termination existed, the LA ruled that Jumuad was illegally

dismissed.

NLRC RULING: Affirmed the LA

CA RULING: Reversed the NLRC. CA was of the opinion that the requirements of substantive and procedural

due process were complied with affording Jumuad an opportunity to be heard first, when she submitted her written explanation and then, when she was informed of the decision and the basis of her termination.

ISSUE: Was Jumuad Illegally dismissed? SC RULING:

NO. As long as there is some basis for loss of confidence, such as when the employer has reasonable ground

to believe that the employee concerned is responsible for the purported misconduct, and the nature of his participation therein renders him unworthy of the trust and confidence demanded of his position, a managerial employee may be dismissed.

Here, there is ample evidence that Jumuad indeed committed acts justifying loss of trust and confidence of Hi- Flyer, which resulted to her dismissal from service. Her mismanagement and negligence in supervising the effective operation of KFC branches in the span of less than a year, resulting in the closure of KFC-Gaisano due to deplorable sanitary conditions, cash shortages in KFC-Bohol, in which the said branch, at the time of discovery, was only several months into operation, and the poor sanitation at KFC-Cocomall. The glaring fact that three (3) out of the seven (7) branches under her area were neglected cannot be glossed over by her explanation that there was no negligence on her part as the sanitation problem was structural, that she had been usually busy conducting management team meetings in several branches of KFC in her area or that she had no participation whatsoever in the alleged cash shortages.

As the employer, Hi-Flyer has the right to regulate, according to its discretion and best judgment, all aspects of employment, including work assignment, working methods, processes to be followed, working regulations, transfer of employees, work supervision, lay-off of workers and the discipline, dismissal and recall of workers.

ARTICLE 217 (now Art. 224) – Jurisdiction of Labor Arbiters 112. PEOPLES BROADCASTING SERVICE (BOMBO RADYO PHILS., INC.) v. THE SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, THE REGIONAL DIRECTOR, DOLE REGION VII, and JANDELEON JUEZAN

G.R. No. 179652 6 March 2012 Velasco, Jr., J.:

JURISDICTION OF THE LABOR ARBITER