Tuesday, March 06, 2012

Furusawa Rubber Philippines Inc. vs. Secretary of Labor

Facts: FEU-IND filed a petition for certification election among rank and file employees of Furusawa. The petitioner moved to dismiss the petition as the respondents was not a legitimate labor organization for having submitted a photocopy of the certificate which has not been duly authenticated and not supported by other documentary evidence contrary to law. The Med-Arbiter found for FEU-IND. Furusawa appealed to the Secretary of Labor which affirmed the order of the Med-Arbiter. Furusawa’s motion was reconsideration was subsequently denied. 

Issue: Whether or not failure of respondent to submit an original copy of its certificate of registration disqualifies it to file a certification election. 

Held: NO. The fact that FEU-IND was issued the certificate of registration is sufficient proof of its legitimacy. Failure to submit photocopy thereof is not a fatal defect and does not affect the legitimate statis of the labor organization. The granting of the certificate shows that FEU-IND has complied with the requirements of Art. 134 of the LC. 

The assertion of Furusawa that FEU-IND was not able to comply with the 20% requirement is untenable as it has already been found by the Med-Arbiter that it did.

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