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PHILIPPINE SCOUT VETERANS SECURITY v. SECRETARY OF LABOR RUBEN D. TORRES

FACTS:

The petitioner, PGA Brotherhood Association - Union of Filipino Workers (UFW), filed a petition for Direct Certification/Certification Election among the rank and file employees of Philippine Scout Veterans Security and Investigation Agency (PSVSIA), GVM Security and Investigation Agency, Inc. (GVM) and Abaquin Security and Detective Agency, Inc. (ASDA). The three agencies are collectively referred to as the "PGA Security Agency." The management of the security agencies filed a motion to dismiss on the grounds that the supporting signatures do not meet the minimum requirement and that there are no implementing rules yet for the relevant labor laws. The Union argued that the three agencies should be considered a single bargaining unit. The Med-Arbiter ruled in favor of the Union and ordered the conduct of a certification election. The decision was affirmed by the Secretary of Labor and employment. The security agencies filed a motion for reconsideration, which was denied. The security agencies then filed a petition for certiorari with the Supreme Court, arguing errors in the findings of facts and grave abuse of discretion on the part of the Secretary of Labor.

ISSUES:

  1. Whether a single petition for certification election or recognition as the sole and exclusive bargaining agent can be filed by a labor union in three separate corporations with distinct legal personalities instead of filing three separate petitions.

RULING:

  1. The labor union can file a single petition for certification election or recognition as the sole and exclusive bargaining agent in three separate corporations with distinct legal personalities.

PRINCIPLES:

  • Labor Code - Article 212(m): Defines "supervisory employees."

  • R.A. 6715: Prohibits the inclusion of security supervisors in a labor union's organization.

  • R.A. 5847, as amended by P.D. 11 and P.D. 100: Prohibition on security agencies having more than 1,000 guards in their employ.

  • La Campana Coffee Factory, Inc. v. Kaisahan Ng Mga Manggagawa sa La Campana: A case with distinct facts and circumstances compared to the present case.