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[petitioner]’s teaching personnel to the exclusion of

HOLY CHILD CATHOLIC SCHOOL vs. HON. non-teaching personnel; and (2) [petitioner]’s non-
PATRICIA STO. TOMAS, in her official capacity as teaching personnel to the exclusion of teaching
Secretary of the Department of Labor and personnel.
Employment, and PINAG-ISANG TINIG AT LAKAS
NG ANAKPAWIS – HOLY CHILD CATHOLIC ISSUE:
SCHOOL TEACHERS AND EMPLOYEES LABOR WON the commingling of non-academic and academic
UNION (HCCS-TELU-PIGLAS), Respondents. rank-and-file employees in one labor organization
G.R. No. 179146, July 23, 2013 affect the latter’s legitimacy and its right to file a
petition for certification election.
SUMMARY: This case is a Petition for Review on
Certiorari under Rule 45 assailing the Decision of the HELD:
Court of Appeals affirming the Resolution of the [Petitioner] appears to have confused the concepts of
Secretary of the Department of Labor and Employment membership in a bargaining unit and membership in a
(SOLE) allowing private respondent’s petition for union. In emphasizing the phrase “to the exclusion of
certification election. The Resolution of SOLE directed academic employees” stated in U.P. v. Ferrer-Calleja,
the conduct of two separate certification elections for [petitioner] believed that the petitioning union could not
the teaching and the non-teaching personnel. admit academic employees of the university to its
Corollary, it ruled that [private respondent] can membership. But such was not the intention of the
continue to exist as a legitimate labor organization Supreme Court.
with the combined teaching and non-teaching
personnel in its membership and representing The Supreme Court ordered the “non-academic rank-
both classes of employees in separate bargaining and-file employees of U.P. to constitute a bargaining
negotiations and agreements. unit to the exclusion of the academic employees of the
institution”, but did not order them to organize a
The Supreme Court ruled that the CA did not act with separate labor organization.
grave abuse of discretion. The ruling of SOLE is
AFFIRMED. In the same manner, the teaching and non-teaching
personnel of [petitioner] school must form separate
DOCTRINE: bargaining units. Thus, the order for the conduct of two
1. The legal personality of the Union, cannot be separate certification elections, one involving teaching
collaterally attacked in certification election personnel and the other involving non-teaching
proceedings by petitioner school which, as personnel. It should be stressed that in the subject
employer, is generally a by stander in the petition, [private respondent] union sought the conduct
proceedings. of a certification election among all the rank-and-file
2. The commingling of non-academic and personnel of [petitioner] school. Since the decision of
academic rank-and-file employees in one labor the Supreme Court in the U.P. case prohibits us from
organization does not affect the latter’s commingling teaching and non-teaching personnel in
legitimacy and its right to file a petition for one bargaining unit, they have to be separated into two
certification election. separate bargaining units with two separate
certification elections to determine whether the
FACTS: employees in the respective bargaining units desired
Petitioner (School) has 98 teaching personnel, 25 non- to be represented by [private respondent].
teaching academic employees and 33 non-teaching
and non-academic employees. These 156 employees REPUBLIC OF THE PHILIPPINES, represented by
supported the petition for certification election filed by Department of Labor and Employment
Private Respondent (Union). The School assails the (DOLE), Petitioner,
legitimacy of the Union and its right to file a petition for vs. KAWASHIMA TEXTILE MFG., PHILIPPINES,
certificate election due to the commingling of academic INC., Respondent.
and non-academic rank-and-file employees. G.R. No. 160352, July 23, 2008

PETITIONER’S ARGUMENT: FACTS:


The SOLE erred in interpreting the decision of the KFWU filed with DOLE Regional Office No. IV, a
Supreme Court in U.P. v. Ferrer-Calleja1. According to Petition for Certification Election to be conducted in the
Petitioner, the Court (in U.P. v. Ferrer-Calleja) sought bargaining unit composed of 145 rank-and-file
the creation of separate bargaining units, namely: (1) employees of respondent.

Respondent-company filed a Motion to Dismiss the


petition on the ground that KFWU did not acquire any
legal personality because its membership of mixed
rank-and-file and supervisory employees violated