1. Belyca Corporation vs.

Calleja
Facts:
Respondent associate Labor Union filed with the Regional office of Ministry
of Labor a petition for direct certification as the sole and exclusive
bargaining agent of all the rank and file employees of Belyca Corporation
approximately having 205 rank and file employees
In their CBA, in case of doubt of the unions majority representation, the
issuance of an immediate certification election is included
Respondent alleged that there was no CBA, that there was no certification
election conducte, that more than a majority of the rank and file workers
consented to the filing of the petition, and that due to the notice of
recognition of being the sole bargaining unite, 119 members were dismissed
with some officers
Petitioner alleged that:
o Due to the nature of its business, very few of its employees are
permanent an majority of the employees are seasonal
o That 138 rank and file employees who authorized the filing:
14 were no longer wrking
4 resigned
6 withdrew their membership
5 were retrenched
12 dismissed due to malicious insubordination
o That 128 incumbent workers were merely transferred from the
agricultural section as replacement for those who left
o The statutory requirement of holding a certification election has not
been complied with
LA: granted certification election
Petitioner appealed to BLR,
ISSUE:
WON respondent is an appropriate bargaining unit
HELD:
No. According to Rothberg, a proper bargaining unit maybe said to be a
group of employees of a given employer comprised of all or less than all o
the entire body of employees, which the collective interests of all the
employees, consistent with equity to the employer, indicate to be best
suited to serve reciprocal rights and duties of the parties under the
collective bargaining provisions of the law
Among the factors considered are:
o The will of employees
o Affinity and unity of employees interest
o Prior collective bargaining history
o Employment status
The court took notice of the last factor for this case.
Employes of the livestock and agro division of petitioner perform work
different from supermarts and cinema.
To lump all the employees of petitioner in its integrated business
concerns cannot result in an efficacious bargaining unit
These two different employees should have different unions