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CANCELLATION OF UNION REGISTRATION: AIR PHILIPPINES FLIGHT ATTENDANTS ASSOCIATION v. BUREAU OF LABOR RELATIONS

FACTS:

This case involves a petition for the cancellation of the union registration of the Air Philippines Flight Attendants Association (APFLAA) filed by Air Philippines Corporation (APC). APFLAA was issued a Certificate of Registration by the Department of Labor and Employment (DOLE) and subsequently filed a petition for certification election as the collective bargaining representative of APC's flight attendants. After the election, APC filed a petition for de-certification and cancellation of the union registration, alleging that APFLAA consisted of a mixture of supervisory and rank-and-file flight attendants, including those holding the position of "Lead Cabin Attendant." The DOLE-NCR dismissed the petition, ruling that the issue falls under Article 239 of the Labor Code, which governs the grounds for cancellation of union registration. APC filed a motion for reconsideration/appeal with the Bureau of Labor Relations (BLR), which denied the appeal. APC then filed a petition for certiorari with the Court of Appeals, which dismissed the petition outright for failure to file a prior motion for reconsideration. APC filed a motion for reconsideration of the dismissal, which was denied by the Court of Appeals. APC argues that its petition involved questions of law, including whether APFLAA's union registration may be cancelled due to its composition. However, the Court of Appeals noted that the issue of whether Lead Cabin Attendants are supervisory employees is factual in nature. The Court of Appeals also found APC's motion for reconsideration to be defective for failing to indicate proof of service or registry return receipts to the respondents. The present petition before the Supreme Court seeks to review the Court of Appeals' resolutions.

ISSUES:

  1. Whether the union registration of Air Philippines Flight Attendants Association (APFLAA) can be cancelled due to its alleged composition of both supervisory and rank-and-file employees.

  2. Whether filing a motion for reconsideration is necessary before filing a petition for certiorari.

RULING:

  1. The composition of APFLAA, specifically the inclusion of lead cabin attendants, which are alleged to be supervisory employees, did not provide a ground for cancellation of union registration. The court held that the inclusion of disqualified employees in a union is not a ground for cancellation, unless such inclusion is due to misrepresentation, false statement, or fraud as provided in Article 239 (a) and (c) of the Labor Code. APC failed to establish that APFLAA committed such misrepresentation or fraud.

  2. Filing a motion for reconsideration before resorting to the special civil action of certiorari is a requirement. Failure to file a motion for reconsideration before filing the certiorari petition is a defect that can result in the dismissal of the petition. The Court of Appeals did not commit any reversible error in dismissing the petition for failure to comply with this requirement.

PRINCIPLES:

  • The ground for cancellation of union registration is provided in Article 239 of the Labor Code, which requires the showing of misrepresentation, false statement, or fraud in connection with the adoption or ratification of the constitution and by-laws, or in connection with the election of officers.

  • The inclusion of disqualified employees in a union is not a ground for cancellation, unless such inclusion is due to misrepresentation, false statement, or fraud as provided in Article 239 (a) and (c) of the Labor Code.

  • Filing a motion for reconsideration before resorting to the special civil action of certiorari is a procedural requirement. Failure to comply with this requirement can result in the dismissal of the petition.