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Lepanto Consolidated Mining Company Vs. The Lepanto Capataz Union

Lepanto Consolidated Mining Company, Petitioner Vs. The Lepanto Capataz Union, Respondent

G.R. No. 157086 | 2013-02-18



FIRST DIVISION

DECISION 

BERSAMIN, J: 

Capatazes are not rank-and-file employees because they perform supervisory functions for the management; hence, they may form their own union that is separate and distinct from the labor organization of rank-and file employees. 


The Case

Lepanto Consolidated Mining Company (Lepanto) assails the Resolution promulgated on December 18, 2002,1 whereby the Court of Appeals (CA) dismissed its petition for certiorari on the ground of its failure to first file a motion for reconsideration against the decision rendered by the Secretary of the Department of Labor and Employment (DOLE); and the...