Case Digest - Labor Law, Certification Election

Yokohama Tire vs. Yokohama EU

GRN 163532 March 10,2010

Carpio, J.:

FACTS:

Yokohama Employees Union is the labor organization of the rank-and file employees of petition. YEU was registered as legitimate labor union on 10 Sept 1999. Respondent filed before Regional Office a petition for certification election. Petitioner filed a petition for revocation of YEU’s registration when YEU fraudulently included the signature of Pineda in the organizational documents; Pineda was not aware of any election of union officers; YEU fraudulently obtained employees signature; etc.

ISSUE:

Whether or not YEU committed fraud or misrepresentation sufficing the revocation of its registration.

RULING:

CA found that YEU did not commit grave fraud or misrepresentation. The BLR correctly ruled that the evidence to prove the participation of YEU in the failure to delete Pineda’s signature from the organizational document was wanting. YTPI has the burden of proving the truthfulness of its accusations. As held previously, “the charge that a labor organization committed fraud and misrepresentation in securing its registration is a serious charge and deserves close scrutiny… charges of this nature should be clearly established by evidence and the surrounding circumstances.”