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Samahang Manggagawa sa Charter chemical Solidarity of Unions in the Philippines for Empowerment and Reforms [SMCC-SUPER], Zacarrias Jerry Victorio - Union President vs. Charter Chemical and Coating Corporation

SAMAHANG MANGGAGAWA SA CHARTER CHEMICAL SOLIDARITY OF UNIONS IN THE PHILIPPINES FOR EMPOWERMENT AND REFORMS (SMCC-SUPER), ZACARRIAS JERRY VICTORIO-Union President, Petitioner, vs. CHARTER CHEMICAL and COATING CORPORATION, Respondent.

G.R. No. 169717 | 2011-03-16




FIRST DIVISION

D E C I S I O N


DEL CASTILLO, J.:


The right to file a petition for certification election is accorded to a labor organization provided that it complies with the requirements of law for proper registration. The inclusion of supervisory employees in a labor organization seeking to represent the bargaining unit of rank-and-file employees does not divest it of its status as a legitimate labor organization. We apply these principles to this case.


This Petition for Review on Certiorari seeks to reverse and set aside the Court of Appeal's March 15, 2005 Decision1 in CA-G.R. SP No. 58203, which annulled and set aside the January 13,...