Back

Lopez Sugar Corporation Vs. Secretary Of Labor And Employment, Et Al.

LOPEZ SUGAR CORPORATION, petitioner, vs. HON. SECRETARY OF LABOR AND EMPLOYMENT, NATIONAL CONGRESS OF UNIONS IN THE SUGAR INDUSTRY OF THE PHILIPPINES (NACUSIP) and COMMERCIAL AND AGRO-INDUSTRIAL LABOR ORGANIZATION (CAILO), respondents.

G.R. No. L-93117 | 1995-08-01

D E C I S I O N


VITUG, J.:

The decision of public respondent, assailed in this petition for certiorari, is anchored on Article 257 of the Labor Code, as amended, which provides:

"Art. 257. Petitions in unorganized establishments. - In any establishment where there is no certified bargaining agent, a certification election shall automatically be conducted by the Med-Arbiter upon the filing of a petition by a legitimate labor organization."

The Med-Arbiter, sustained by the Secretary of Labor and Employment, has ruled that the above provision is mandatory and gives him no other choice than to conduct a certification election upon the...