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THE HERITAGE HOTEL MANILA, ACTING THROUGH ITS OWNER, GRAND PLAZA HOTEL CORPORATION, PETITIONER, VS. SECRETARY OF LABOR AND EMPLOYMENT; MED-ARBITER TOMAS F. FALCONITIN;, et al., RESPONDENTS.

THE HERITAGE HOTEL MANILA, ACTING THROUGH ITS OWNER, GRAND PLAZA HOTEL CORPORATION, PETITIONER, VS. SECRETARY OF LABOR AND EMPLOYMENT; MED-ARBITER TOMAS F. FALCONITIN; AND NATIONAL UNION OF WORKERS IN THE HOTEL, RESTAURANT AND ALLIED INDUSTRIES–HERITAGE HOTEL MANILA SUPERVISORS CHAPTER (NUWHRAIN-HHMSC), RESPONDENTS.

G.R. No. 172132 | 2014-07-23

FIRST DIVISION
 
D E C I S I O N

BERSAMIN, J.:

Although case law has repeatedly held that the employer was but a bystander in respect of the conduct of the certification election to decide the labor organization to represent the employees in the bargaining unit, and that the pendency of the cancellation of union registration brought against the labor organization applying for the certification election should not prevent  the conduct of the certification election, this review has to look again at the seemingly never-ending quest of the petitioner employer to stop the conduct of the certification election on the ground of the pendency...