National Union of Workers in Hotels, Restaurants, and Allied Industries Manila Pavilion

Hotel Chapter vs Secretary of Labor G.R. No. 181531 July 31, 2009.

Facts:
A certification election was conducted on June 2006 among the rank and file employees
of Holiday Inn. Petitioner and another union, Holiday Inn Manila Pavilion Hotel Labor Union
(HIMPLU) refer the case to Med. Arbiter to decide which among those votes be opened and
tallied. 22 votes were segregated because 1) eleven were cast by dismissed employees (still
pending for illegality of dismissal), 2) six(6) by those already occupying supervisory positions
and 3) 5 by probationary employees and pursuant to CBA such employees cannot vote.
Issue: Whether employees on probationary status can cast their vote on certification election?
Law Applicable: Art. 255 of the Labor Code
Rule II, Sec 2 of Department Order No. 40-03, series of 2003

Case History:
On August 22, 2006, Med Arbiter ruled to open the votes cast by dismissed and
by those holding supervisory employees.
Petitioner appealed to the SOLE that the vote of probationary be included on
January 22, 2007. SOLE affirmed the Med Arbiter ruling for exclusion of
probationary employee.
Petitioner filed MR, on March 22, 2007. The SOLE denied the motion for
reconsideration.
On November 8, 2007, the appellate court affirmed the ruling of the SOLE.
Supreme Court reserved the decision
Ruling:
Yes. The probationary employees have the right to vote in a certification election. In a
certification election, the code makes no distinction as to their employment status as basis for
eligibility in supporting the petition for certification election. The law refers to all the employees
in the bargaining unit. All they need to be eligible to support the petition is to belong to the
bargaining unit.

Opinion:
I concur with the supreme court. Probationary employees are still employees and should
participate in certification election because they are part of bargaining unit. They have also rights
and privileges that needs to be protected.