Topics: Trade union, Collective bargaining, Employment Pages: 4 (1328 words) Published: July 11, 2013
Pepsi Cola Products Philippines, Inc. (petitioner) v. Honorable Secretary of Labor (respondents) 1. Facts:

a. June 1990: The Pepsi-Cola Employees Organization-UOEF (Union) filed a petition for certification election with the Med-Arbiter seeking to be the exclusive bargaining agent of supervisors of Pepsi-Cola Philippines, Inc. (PEPSI). i. Med-Arbiter granted this stating that PCEU-UOEF was an affiliate of Union de Obreros Estivadores de Filipinas (or the Federation) with two (2) rank and file unions, Pepsi-Cola Labor Unity (PCLU) and Pepsi-Cola Employees Union of the Philippines (PEUP). ii. July 1990: PEPSI filed a petition to Set Aside, Cancel and/or Revoke Charter of PCEU-UOEF on the grounds that (a) members of the Union were managers, and (b) a supervisors’ union cannot affiliate with a federation whose members include the rank and file union of the same company. a. February 1991: Court grants temporary restraining order and/or preliminary injunction. Issue is whether or not a supervisors’ union can affiliate with the same Federation of which two (2) rank and file unions are likewise members, without violating Article 245 of the Labor Code (PD 442), as amended, by Republic Act 6715, which provides: iii. Managerial employees are not eligible to join, assist or form any labor organization. Supervisory employees shall not be eligible for membership in a labor organization of the rank-and-file employees but may join, assist or form separate labor organizations of their own.” b. On April 8, 1991, the Secretary of Labor and Employment sent in a Comment, alleging that: 1) until and unless there is a final order cancelling its certificate of registration or charter certificate, a labor organization remains to be a legitimate labor organization entitled to exercised all the rights and duties accorded to it by the Labor Code including the right to be certified as a bargaining representative; 2) Public respondent cannot be deemed to have committed grave abuse of...
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