case Digest - Labor Law

Samahan vs. Sec. of Labor and Filsystems , Inc
GRN.: 128067 June 5,1998
Puno J.:

Samahan (union petitioner) , a registered union filed a petition for certification election. Private responded questioned the status of petitioner as LLO on the ground of lack of proof that its contract of affiliation with NAFLU-KMU has been submitted to BLR. Samahan averred that as an independent and duly registered union, it has all the rights and privileges to act as a representative of its members for the purpose of collecting bargaining with employers. Med-arbiter dismissed the petition. Meanwhile FWU was allowed to conduct certification election, and eventually negotiated a CBA Private respondent filed a motion to dismiss.

Whether or not legal personality of the union (Samahan) having been established could be subject to collateral attack.


Petitioner is an independently registered labor union thus its right to file petition for certification election on its own is beyond question. Its failure to prove its affiliation with NAFLU-KMU cannot affect its right to file petition as an independent union.

Petitioner seasonably appealed, thus it stopped the holding of any certification election. Accordingly, there was an unresolved representation case at the time the CBA was entered by FWU and private respondent. There should be no obstacle to the right of the employees of petitioner for a certification election at the proper time, that is within 60 days prior to the expiration of the life of a certified CBA… not even by a collective agreement submitted during the pendency of the representation case… (ALU-TUCP vs Trajano)

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