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National Organizational of Trade Unions vs. Secretary of Labor, et al

NATIONAL ORGANIZATION OF TRADE UNIONS (NORTU), petitioner, vs. HON. SECRETARY OF LABOR, HON. DIRECTOR, BUREAU OF LABOR RELATIONS AND THE "ASSOCIATED LABOR UNIONS" (ALU), respondents.

G.R. No. L-42561 | 1979-05-31

D E C I S I O N

FERNANDO, J:

The specific question raised in this certiorari and prohibition proceeding is whether or not respondent Director of the Bureau of Labor Relations 1 could order a certification election if, as alleged by petitioner Union, it is the recognized bargaining agent and is about to conclude a renewed bargaining agreement with the employer, the Manila Rubber Corporation. 2 The matter was elevated to this Court, as respondent Director of the Bureau of Labor Relations, in the assailed order, held: "The Labor Code explicitly provides for only two instances where a petition for certification is barred, namely: An election...