Part 5 (June 18)
Part 5 (June 18)
Part 5 (June 18)
L-28223 August 30, 1968 Manila Railroad Company", and the Mechanical Department Labor Union; that no certification
MECHANICAL DEPARTMENT LABOR UNION SA PHILIPPINE NATIONAL RAILWAYS, petitioner, election had been held in the last 12 months in the Caloocan shops; that both the "Samahan"
vs. COURT OF INDUSTRIAL RELATIONS and SAMAHAN NG MGA MANGGAGAWA SA and the Mechanical Department Labor Union had submitted different labor demands upon the
CALOOCAN SHOPS, respondents. management for which reason a certification election was needed to determine the proper
collective bargaining agency for the Caloocan shop workers.
Sisenando Villaluz for petitioner.
Gregorio E. Fajardo for respondent Samahan ng mga Manggagawa sa Caloocan Shops. The petition was opposed by the management as well as by the Mechanical Department Labor
Union, the latter averring that it had been previously certified in two cases as sole and
REYES, J.B.L., J.: exclusive bargaining agent of the employees and laborers of the PNR'S mechanical
department, and had negotiated two bargaining agreements with management in 1961 and 1963;
Petition by the "Mechanical Department Labor Union sa PNR" for a review of an order of the Court of Industrial Relations, in its Case that before the expiration of the latter, a renewal thereof had been negotiated and the contract
No. 1475-MC, directing the holding of a plebiscite election to determine whether the employees at the Caloocan Shops desire the
respondent union, "Samahan ng mga Manggagawa sa Caloocan Shops", to be separated from the Mechanical Department Labor remained to be signed; that the "Samahan" had been organized only in 21 January 1965; that the
Union, with a view to the former being recognized as a separate bargaining unit. Caloocan shops unit was not established nor separated from the Mechanical Department unit;
that the "Samahan" is composed mainly of supervisors who had filed a pending case to be
DOCTRINE: The “Globe” Doctrine. The doctrine sanctions the holding of a series of elections, not declared non-supervisors; and that the purpose of the petition was to disturb the present smooth
for the purpose of allowing the group receiving an overall majority of votes to represent all employees, working labor management relations.
but for the specific purpose of permitting the employees in each of the several categories to
select the group which each chooses as a bargaining unit. By an order of 18 August 1967, Judge Arsenio Martinez, after receiving the evidence, made the
following findings:.1äwphï1.ñët
RATIONALE FOR GLOBE DOCTRINE: Highly skilled or specialized technical workers may choose
to form their own bargaining unit because they may be in better position to bargain with the employer The Court, after a cursory examination of the evidence presented made the following
considering the market value of their skills. findings: That petitioner union (Respondent Samahan ng mga Mangagawa) is
composed of workers exclusively at the Caloocan shops of the Philippine National
SUMMARY: Both unions represent employees of the Philippine National Railways. The respondent Railways charged with the maintenance of rolling stocks for repairs; major repairs of
seeks to represent the Caloocan workers while the petitioner currently represents the Manila workers. locomotive, engines, etc. are done in the Caloocan shops while minor ones in the Manila
sheds; workers in the Caloocan shops do not leave their station unlike Manila shop workers
The respondent union Samahan ng mga Manggagawa sa Caloocan Shops filed a petition for who go out along the routes and lines for repairs; workers both in the Caloocan shops and
certification election to determine the proper collective bargaining agency for the Caloocan shop Manila sheds are exposed to hazards occasioned by the nature of their work; that with
workers. respect to wages and salaries of employees, categories under the Job Classification and
Evaluation Plan of the company apply to all workers both in the Caloocan Shops and
The petitioner Mechanical Department Labor Union opposed such petition, alleging that it was the Manila sheds; administration over employees, members of petitioner union as well as
exclusive bargaining agent of the employees of the Philippine National Railways’ mechanical oppositor is under the Administrative Division of the company; that from the very nature of
department. Petitioner further alleges that the Caloocan shops unit was not separated from the their work, members of petitioner union and other workers of the Mechanical Department
Mechanical Department Unit. have been under the coverage of the current collective bargaining agreement which was a
result of a certification by this Court of the Mechanical Department Labor union, first in
During trial, the judge found that although the workers of both the Caloocan Shop and the Manila 1960 and later in 1963. Subsequently, when the latter contract expired, negotiations for its
Shop perform the same nature of work, there is a difference in the skill level required of each group. renewal were had and at the time of the filing of this petition was already consummated, the
The workers at the Caloocan Shops perform major repairs of locomotives while the workers of the only act remaining to be done was to affix the signatures of the parties thereto; that during
Manila Shed work on minor repairs. the pendency of this petition, on June 14, 1965, the aforesaid collective bargaining
agreement was signed between the Philippine National Railways and the Mechanical
Hence, based on the Globe doctrine, the workers belonging to the Caloocan Shop were allowed to Department Labor Union sa Philippine National Railways (Manila Railroad Company).
hold a plebiscite election to determine whether the employees desired to have the respondent union
to be separated from the Mechanical Department Labor Union. The main issue involved herein is: Whether or not a new unit should be established,
the Caloocan shops, separate and distinct from the rest of the workers under the
The petitioner alleges that the “Globe” doctrine should not be made to apply here since the workers of Mechanical Department now represented by the Mechanical Department Labor
the Caloocan Shop do not require skills different from the rest of the workers. Union.
Issue: Should the Caloocan Shop workers be allowed to conduct the said plebiscite? The Caloocan Shops, all located at Caloocan City have 360 workers more or less. It is
part and parcel of the whole Mechanical Department of the Philippine National
Held: Yes. The Supreme Court emphasized that the petitioner raises a question of fact, which was Railways. The department is composed of four main divisions or units, namely:
already answered by the Industrial Court. The latter court found that the workers in the Caloocan Operations, Manila Area and Lines; Locomotive Crew; Motor Car Crew; and the Shops
shop not only have a community of interest and working conditions but perform major repairs of Rolling Stocks Maintenance. (Exhibits "D" and "D-1").
railway rolling stock, using heavy equipment and machineries found in said shops, while the others
only perform minor repairs. The Locomotive crew and Motor Car Crew, though part of the Mechanical Department, is a
separate unit, and is represented by the Union de Maquinistas, Fogoneros Y Motormen.
The Court then concluded that the Globe Doctrine applies here because of the fact that the workers The workers under the other two main units of the departments are represented by the
of the Caloocan Shop require special skill in the use of heavy equipment and machinery. This Mechanical Department Labor Union. The workers of the Shops Rolling Stocks
necessity of special skills was sufficient to set them apart from the rest of the PNR workers. Maintenance Division or the Caloocan Shops now seek to be separated from the rest of the
workers of the department and to be represented by the "Samahan Ng Mga Manggagawa
FACTS: The case began on 13 February 1965 by a petition of the respondent "Samahan ng mga sa Caloocan Shops." .
Manggagawa, etc." calling attention to the fact that there were three unions in the Caloocan
shops of the Philippine National Railways: the "Samahan", the "Kapisanan ng Manggagawa sa
There is certainly a community of interest among the workers of the Caloocan Appellant contends that the application of the "Globe doctrine" is not warranted because the
Shops. They are grouped in one place. They work under one or same working workers of the Caloocan shops do not require different skills from the rest of the workers in
condition, same working time or schedule and are exposed to same occupational risk. the Mechanical Department of the Railway Company. This question is primarily one of facts. The
Industrial Court has found that there is a basic difference, in that those in the Caloocan shops
Though evidence on record shows that workers at the Caloocan Shops perform the not only have a community of interest and working conditions but perform major repairs of
same nature of work as their counterparts in the Manila Shed, the difference lies in railway rolling stock, using heavy equipment and machineries found in said shops, while the
the fact that workers at the Caloocan Shops perform major repairs of locomotives, others only perform minor repairs.
rolling stocks, engines, etc., while those in the Manila Shed, works on minor repairs.
Heavy equipment and machineries are found in the Caloocan Shops. It is easy to understand, therefore, that the workers in the Caloocan shops require special skill in
the use of heavy equipment and machinery sufficient to set them apart from the rest of the
The trial judge then reviewed the collective bargaining history of the Philippine National Railways, as workers. In addition, the record shows that the collective bargaining agreements negotiated by the
follows: appellant union have been in existence for more than two (2) years; hence, such agreements cannot
On several similar instances, this Court allowed the establishment of new and separate constitute a bar to the determination, by proper elections, of a new bargaining representative (PLDT
bargaining unit in one company, even in one department of the same company, despite the Employees' Union vs. Philippine Long Distance Telephone Co., 51 Off. Gaz., 4519).
existence of the same facts and circumstances as obtaining in the case at bar.
As to the charge that some of the members of the appellee, "Samahan Ng Manggagawa", are actually supervisors,
The history of the collective bargaining in the Manila Railroad Company, now the it appears that the question of the status of such members is still pending final decision; hence, it would not
Philippine National Railways shows that originally, there was only one bargaining unit constitute a legal obstacle to the holding of the plebiscite. At any rate, the appellant may later question whether the
votes of those ultimately declared to be supervisors should be counted.
in the company, represented by the Kapisanan Ng Manggagawa sa MRR. Under Case No.
237-MC, this Court ordered the establishment of two additional units, the engine crew Whether or not the agreement negotiated by the appellant union with the employer, during the pendency of the
and the train crew to be represented by the Union de Maquinistas, Fogoneros, Ayudante Y original petition in the Court of Industrial Relations, should be considered valid and binding on the workers of the
Motormen and Union de Empleados de Trenes, respectively. Then in 1961, under Cases Caloocan shops is a question that should be first passed upon by the Industrial Court.
Nos. 491-MC, 494-MC and 507-MC three new separate units were established, namely,
the yard crew unit, station employees unit and engineering department employees unit,
respectively, after the employees concerned voted in a plebiscite conducted by the court for
the separation from existing bargaining units in the company. Then again, under Case No.
763-MC, a new unit, composed of the Mechanical Department employees, was established
to be represented by the Mechanical Department Labor Union. Incidentally, the first attempt
of the employees of the Mechanical Department to be separated as a unit was dismissed
by this Court of Case No. 488-MC.
In the case of the yard crew, station employees and the Engineering Department
employees, the Supreme Court sustained the order of this Court in giving the employees
concerned the right to vote and decide whether or not they desire to be separate units (See
G.R. Nos. L-16292-94, L-16309 and L-16317-18, November, 1965).
In view of its findings and the history of "union representation" in the railway company,
indicating that bargaining units had been formed through separation of new units from existing
ones whenever plebiscites had shown the workers' desire to have their own representatives, and
relying on the "Globe doctrine" (Globe Machine & Stamping Co., 3 NLRB 294) applied in
Democratic Labor Union vs. Cebu Stevedoring Co., L-10321, 28 February 1958, Judge Martinez
held that the employees in the Caloocan Shops should be given a chance to vote on whether
their group should be separated from that represented by the Mechanical Department Labor
Union, and ordered a plebiscite held for the purpose. The ruling was sustained by the Court en
banc; wherefore, the Mechanical Department Labor Union appealed to this Court questioning
the applicability under the circumstances of the "Globe doctrine" of considering the will of the
employees in determining what union should represent them.
ISSUE: WON the Globe Doctrine finds application in the present case (YES)
RULING: IN VIEW OF THE FOREGOING, the order appealed from is affirmed, with costs against appellant
Mechanical Department Labor Union sa Philippine National Railways.
RATIO: Technically, this appeal is premature, since the result of the ordered plebiscite among the workers of the Caloocan shops
may be adverse to the formation of a separate unit, in which event, as stated in the appealed order, all questions raised in this case
would be rendered moot and academic. Apparently, however, the appellant Mechanical Department Labor Union takes it for granted
that the plebiscite would favor separation.
We find no grave abuse of discretion in the issuance of the ruling under appeal as would justify our interfering with it. Republic Act No.
875 has primarily entrusted the prosecution of its policies to the Court of Industrial Relations, and, in view of its intimate knowledge
concerning the facts and circumstances surrounding the cases brought before it, this Court has repeatedly upheld the exercise of
discretion of the Court of Industrial Relations in matters concerning the representation of employee groups (Manila Paper Mills
Employees & Workers' Association vs. C.I.R. 104 Phil. 10; Benguet Consolidated vs. Bobok Lumber Jack Association, 103 Phil. 1150).