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DHL-URFA-FFW vs BM-DHL-PC

DHL PHILIPPINES CORPORATION UNITED RANK AND FILE ASSOCIATION-FEDERATION OF FREE WORKERS (DHL-URFA-FFW), Petitioner, versus BUKLOD NG MANGGAGAWA NG DHL PHILIPPINES CORPORATION, Respondent.

G.R. No. 152094 | 2004-07-22

DECISION


PANGANIBAN, J.:





F

alse statements made by union officers before and during a certification election -- that the union is independent and not affiliated with a national federation -- are material facts likely to influence the election results. This principle finds application in the present case in which the majority of the employees clearly wanted an independent union to represent them. Thus, after the members learned of the misrepresentation, and after a majority of them disaffiliated themselves from the union and formed another one, a new certification election should be held to enable them to express their true will.

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