On June 3, 1986, private respondent Associated Labor Union (ALU)-TUCP, a legitimate labor organization, filed a petition for direct certification as the sole and exclusive bargaining agent of all the rank and file employees/workers of Belyca Corporation, a duly organized, registered and existing corporation, employing approximately 205 rank and file employees/workers.
Respondent employer, on the other hand, alleged in its position paper, among others, (1) that of the total 138 rank-and-file employees who authorized, signed and supported the filing of the petition (a) 14 were no longer working as of June 3, 1986 (b) 4 resigned after June, 1986 (c) 6 withdrew their membership from petitioner union (d) 5 were retrenched on June 23, 1986 (e) 12 were dismissed due to malicious insubordination and destruction of property and (f) 100 simply abandoned their work or stopped working; and (2) that the statutory requirement for holding a certification election has not been complied with by the union.
The Labor Arbiter granted the certification election sought for by petitioner union in his order dated August 18, 1986.
Whether or not the statutory requirement of 30% (now 20%) of the employees in the proposed bargaining unit, asking for a certification election had been strictly complied with.
Yes. It is undisputed that petitioner Belyca Corporation (Livestock and Agro Division) employs more or less two hundred five (205) rank-and-file employees and workers. It is significant to note that 124 employees out of such number have expressed their written consent to the certification election; much more than the required 30% and over and above the present requirement of 20% by Executive Order No. 111.
More than that, any doubt cast on the authenticity of signatures to the petition for holding a certification election cannot be a bar to its being granted. In fact, once the required percentage requirement has been reached, even the employees’ withdrawal from union membership taking place after the filing of the petition for certification election will not affect said petition. Also, until a decision, final in character, has been issued declaring the strike illegal and the mass dismissal or retrenchment valid, the strikers cannot be denied participation in the certification election.