Wednesday, January 27, 2016

Holy Child Catholic School vs. Hon. Patricia Sto. Tomas, etc. [GR No. 179146, July 23, 2013]

A certification election is the sole concern of the workers, except when the employer itself has to file the petition pursuant to Article 259 of the Labor Code, as amended, but even after such filing its role in the certification process ceases and becomes merely a bystander. The employer clearly lacks the personality to dispute the election and had no right to interfere at all therein.

Inclusion of supervisory employees in a labor organization seeking to represent the bargaining unit of rank-and-file employees does not divest it of its status as legitimate labor organization.

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