Case Name: Republic Planters Bank v. Laguesma, Nov.

21, 1996 documents submitted by petitioner, including those

G.R. Number: 119675 appended to its present motion, which purportedly are the
Topic: Author: Lauredo, Caleb L. job descriptions of the subject workers, may not be given
Doctrine: If the union members are not employees, no right to weight for being self-serving.
organize for purposes of bargaining, nor to be certified as Issue: - WON the messengers and other members of the
bargaining agent can be recognized. petitioner should be part of the certification election.
Facts: Held/Ratio:
- Petitioner Republic Planters Bank General Services - In Singer Sewing Machine Company vs. Drilon, et al., it was
Employees Union-National Association of Trade Unions filed ruled that if the union members are not employees, no right
a petition for certification election to determine the sole to organize for purposes of bargaining, nor to be certified as
and exclusive bargaining representative of all regular bargaining agent can be recognized. Since the persons
employees outside the bargaining unit of Republic Planters involved are not employees of the company, it was held
Bank. These employees include messengers, janitors, etc. that they are not entitled to the constitutional right to join
that are treated as contruactual workers by the bank or form a labor organization for purposes of collective
- Private respondent moved to dismiss the petition for bargaining.
certification election contending other employees in the
proposed bargaining unit are employed on "contractual
basis" and are not members of petitioner. It also alleged
that the petition failed to state the number of employees in
the proposed bargaining unit and there is no prior
determination that the members of petitioner are
employees of private respondent.
- Med-Arbiter dismissed the petition for certification election
on the ground that there is already a certified bargaining
agent representing the appropriate bargaining unit within
private respondent
- Petitioner sought a ruling that the other workers in the
proposed bargaining unit should also be considered regular
employees of private respondent since they perform duties
necessary to the bank's business operations.
- Petitioner submitted additional documents containing the
job descriptions of 11)employees assigned at private
respondent, most of whom were performing messengerial
services. Private respondent reiterated its objection to the
admissibility of the new evidence.
- Labor undersecretary issued a resolution indicating that