BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • PAYROLL SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS PROCESS OUTSOURCING
    • INTERNAL AUDIT
    • I.T. SOLUTIONS
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US

a collections of case digests and laws that can help aspiring law students to become a lawyer. 
this webpage is
 primarily designed to assist students of law in their studies. It is merely a tool. The use of our Services does not guarantee success in obtaining a law degree nor in passing the Bar Exams. we makes no warranties or representations of any kind, whether expressed or implied for the Services provided. The cases, laws, and other publications found in this site are of public domain, collected from public sources such as the Supreme Court online library. The content however have been heavily modified, formatted, and optimized for better user experience, and are no longer perfect copies of their original. we gives no warranty for the accuracy or the completeness of the materials. This site also contains materials published by the students, professors, lawyers, and other users of the our Services. 


S.S. Ventures International, Inc. vs. S.S. Ventures Labor Union (SSVLU)

2/15/2022

0 Comments

 
S.S. Ventures International, Inc. vs. S.S. Ventures Labor Union (SSVLU)
 G.R. No. 161690
 
Facts:
Petitioner S.S. Ventures International, Inc. (Ventures) is in the business of manufacturing sports shoes. Respondent S.S. Ventures Labor Union (Union) is a labor organization registered with the Department of Labor and Employment (DOLE).
 
March 21, 2000, the Union filed with DOLE-Region III a petition for certification election in behalf of the rank-and-file employees August 21, 2000, Ventures filed a Petition to cancel the Union’s certificate of registration alleging that the Union deliberately and maliciously included the names of more or less 82 former employees no longer connected with Ventures in its list of members who attended the organizational meeting and in the adoption/ratification of its constitution and by-laws; that No organizational meeting and ratification actually took place; and the Union’s application for registration was not supported by at least 20% of the rank-and-file employees of Ventures.
Regional Director of DOLE- Region III favored Ventures and resolved to Cancel the Certificate of the union. On appeal, the BLR Director granted the Union’s appeal and reversing the decision of RD. Ventures went to the CA. The CA dismissed Ventures’ petition as well as the MR. Hence, this petition for review

Issue:
Whether the registration of the Union must be cancelled.

Held:
No. The right to form, join, or assist a union is specifically protected by Art. XIII, Section 3 of the Constitution and such right, according to Art. III, Sec. 8 of the Constitution and Art. 246 of the Labor Code, shall not be abridged. Once registered with the DOLE, a union is considered a legitimate labor organization endowed with the right and privileges granted by law to such organization. While a certificate of registration confers a union with legitimacy with the concomitant right to participate in or ask for certification election in a bargaining unit, the registration may be canceled or the union may be decertified as the bargaining unit, in which case the union is divested of the status of a legitimate labor organization. Among the grounds for cancellation is the commission of any of the acts enumerated in Art. 239(a) of the Labor Code, such as fraud and misrepresentation in connection with the adoption or ratification of the union’s constitution and like documents. The Court, has in previous cases, said that to decertify a union, it is not enough to show that the union includes ineligible employees in its membership. It must also be shown that there was misrepresentation, false statement, or fraud in connection with the application for registration and the supporting documents, such as the adoption or ratification of the constitution and by-laws or amendments thereto and the minutes of ratification of the constitution or by-laws, among other documents.
0 Comments



Leave a Reply.

    Archives

    July 2023
    June 2023
    May 2023
    January 2023
    December 2022
    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • PAYROLL SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS PROCESS OUTSOURCING
    • INTERNAL AUDIT
    • I.T. SOLUTIONS
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US