Court backs union against Philip Morris

MANILA, Philippines—It is unlawful for private firms to interfere with the formation of labor unions by their workers, the Court of Appeals (CA) has reminded company owners and managers.

In a decision involving employees of Phillip Morris Philippines Manufacturing Inc. (PMPMI), the appellate court ruled that companies should “maintain a strictly hands-off policy” in the certification election of labor unions.

In a certification election, workers choose the group or people that would represent them in the collective bargaining process with a company.

“(The companies’) role in a certification election is merely that of bystander. (They have) no legal standing in a certification election,” said the court in a Nov. 23 ruling.

It added: “Concomitantly, an employer that involves itself in a certification election lends suspicion to the fact that it wants to create a company union.”

The decision stemmed from PMPMI’s petition for certiorari seeking to stop its sales supervisors from organizing themselves into a union.

It was penned by Associate Justice Stephen Cruz and concurred in by Associate Justices Isaias Dicdican and Amy Lazaro-Javier.

Court records showed the Department of Labor and Employment (DOLE) issued a certification of registration to the PMPMI Sales Supervisors Union on April 3, 2008, which enabled it to proceed with a certification election.

The cigarette company, however, questioned the legitimacy of the process, noting that the union only came up with its constitution and bylaws the following month.

PMPMI also accused the union of falsely stating that there were 40 supervisory employees when the company had 66, and that 13 supervisors had withdrawn their support for a union.

On Dec. 15, 2008, DOLE arbiter Nepomuceno Leano II dismissed the union’s application for a certification election, saying it failed to indicate which group of employees it sought to represent.

On the employees’ appeal, then Labor Undersecretary Rosalinda Baldoz reversed Leano’s decision on Oct. 22, 2009, pointing out the union had clearly specified that it would be composed of supervisory employees in the company’s sales department.

PMPMI then ran to the Court of Appeals. Marlon Ramos –Philippine Daily Inquirer