This document summarizes a labor case regarding the election of a union at JISSCOR. The main points are:
1) The issue was whether the election of the Samahang Manggagawa sa JISSCOR (SMJ-ALU) union should be nullified, but the court ruled that it should not be nullified.
2) Protests regarding the election that were not raised at the time are deemed waived, and the only protest JIU raised was about the use of emblems/insignia, so other protests were not considered.
3) JIU could not claim confusion over the election procedures because it had signed an agreement waiving the mandatory 5
Original Description:
digest
Original Title
• Jisscor Independent Union v Hon. Torres ALU, Samahang Manggagawa sa JISSCOR (1993)
This document summarizes a labor case regarding the election of a union at JISSCOR. The main points are:
1) The issue was whether the election of the Samahang Manggagawa sa JISSCOR (SMJ-ALU) union should be nullified, but the court ruled that it should not be nullified.
2) Protests regarding the election that were not raised at the time are deemed waived, and the only protest JIU raised was about the use of emblems/insignia, so other protests were not considered.
3) JIU could not claim confusion over the election procedures because it had signed an agreement waiving the mandatory 5
This document summarizes a labor case regarding the election of a union at JISSCOR. The main points are:
1) The issue was whether the election of the Samahang Manggagawa sa JISSCOR (SMJ-ALU) union should be nullified, but the court ruled that it should not be nullified.
2) Protests regarding the election that were not raised at the time are deemed waived, and the only protest JIU raised was about the use of emblems/insignia, so other protests were not considered.
3) JIU could not claim confusion over the election procedures because it had signed an agreement waiving the mandatory 5
implementing the Labor Code provides that the grounds of a protest may be filed on the spot or in writing with the representation officer and shall be contained in the minutes of the proceedings.
o Protests not so raised are deemed waived.
o The minutes of the certification election show,
however, that JIU only protested against the use of emblem, visor, pin. Hence, other "protests [such as the posting in the chapel entrance of a huge streamer with the words: "Vote! Samahang Manggagawa ng JISSCOR-ALU"]not so raised are deemed waived
There is no merit to the contention that the non-posting of
the notice of the certification election as prescribed by Section 1, Rule VI, Book V of the Onmibus Rules Implementing the labor Code misled and confused the workers regarding the mechanics of the election.
o JIU is estopped from raising that issue for it
signed an agreement with the private respondent to waive the mandatory five (5) days posting of election notices.