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    Capitol Medical Center V Trajano

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    Gem Austero
    Capitol Medical Center refused to bargain collectively with the Capitol Medical Center Employees Association union. The union filed a notice of strike, which occurred on November 28, 1997. On December 4, 1997, the Secretary of Labor assumed jurisdiction over the labor dispute and ordered the striking workers back to work and the hospital to resume operations. The Court upheld the Secretary's order, ruling that 1) a pending petition to cancel a union's registration does not preclude collective bargaining, and 2) the Secretary may assume jurisdiction without prior notice or hearings to the parties.

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    © All Rights Reserved
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    Capitol Medical Center V Trajano

    Uploaded by

    Gem Austero
    65 views2 pages
    Capitol Medical Center refused to bargain collectively with the Capitol Medical Center Employees Association union. The union filed a notice of strike, which occurred on November 28, 1997. On December 4, 1997, the Secretary of Labor assumed jurisdiction over the labor dispute and ordered the striking workers back to work and the hospital to resume operations. The Court upheld the Secretary's order, ruling that 1) a pending petition to cancel a union's registration does not preclude collective bargaining, and 2) the Secretary may assume jurisdiction without prior notice or hearings to the parties.

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    Original Title

    234. Capitol Medical Center v Trajano

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    Capitol Medical Center refused to bargain collectively with the Capitol Medical Center Employees Association union. The union filed a notice of strike, which occurred on November 28, 1997. On December 4, 1997, the Secretary of Labor assumed jurisdiction over the labor dispute and ordered the striking workers back to work and the hospital to resume operations. The Court upheld the Secretary's order, ruling that 1) a pending petition to cancel a union's registration does not preclude collective bargaining, and 2) the Secretary may assume jurisdiction without prior notice or hearings to the parties.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    65 views2 pages

    Capitol Medical Center V Trajano

    Uploaded by

    Gem Austero
    Capitol Medical Center refused to bargain collectively with the Capitol Medical Center Employees Association union. The union filed a notice of strike, which occurred on November 28, 1997. On December 4, 1997, the Secretary of Labor assumed jurisdiction over the labor dispute and ordered the striking workers back to work and the hospital to resume operations. The Court upheld the Secretary's order, ruling that 1) a pending petition to cancel a union's registration does not preclude collective bargaining, and 2) the Secretary may assume jurisdiction without prior notice or hearings to the parties.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    Capitol Medical Center., petitioner, vs. Hon.

    Cresenciano B. Trajano and Capitol Medical


    Center Employees Association-AFW,
    respondents.
    GR No. 155690, June 30, 2005
    Germaine Suzette C. Austero
    Case No. 234 - LaborRev

    DOCTRINES:

    Collective Bargaining: The pendency of a petition for cancellation of union registration


    does not preclude collective bargaining.

    Jurisdiction of the Secretary DOLE: The discretion to assume jurisdiction may be exercised
    by the Secretary of Labor and Employment without the necessity of prior notice or hearing
    given to any of the parties.

    FACTS:

    Capitol Medical Center, Inc. is a hospital and Capitol Medical Center Employees
    Association-Alliance of Filipino Workers, is a duly registered labor union acting as the
    certified collective bargaining agent of the rank-and-file employees of petitioner hospital.

    On October 2, 1997, the union, through its president, sent the petitioner a letter requesting
    a negotiation of their CBA. In its reply, the petitioner refused to bargain with the
    respondent and challenged the union’s legitimacy. Subsequently, the petitioner filed a
    petition for cancellation of the respondent’s certificate of registration before the Bureau of
    Labor Relations.

    On October 29, 1997, the respondent filed a notice of strike with the National Conciliation
    and Mediation Board, alleging that the petitioner’s refusal to bargain constitutes unfair
    labor practice. On November 28, 1997, the respondent staged a strike.

    On December 4, 1997, former Labor Secretary Leonardo Quisumbing issued an order


    assuming jurisdiction over the labor dispute and ordering all striking workers to return to
    work and the management to resume normal operations.

    1
    Meantime, on October 1, 1998, the Regional Direction issued an Order denying the petition
    for cancellation of respondent union’s certificate of registration.

    The CA rendered a decision affirming the Labor Secretary’s Order and denied the
    petitioner’s motion for reconsideration.

    ISSUES:

    1. WON the petition for cancellation of respondent’s union certificate of registration


    involves a prejudicial question that should first be settled before the Secretary of
    Labor could order parties to bargain collectively. (NO)
    2. WON the Secretary of Labor may practice his powers without observing the
    requirements of due process. (YES)

    RULING:

    1.

    The petition for cancellation of the respondent’s certificate of registration does not involve
    a prejudicial question.

    The Secretary of Labor ruled that the pendency of a petition for cancellation of union
    registration does not preclude collective bargaining. Moreover,as mentioned earlier, the RD
    issued an order denying the petition for cancellation of respondent’s certificate of
    registration during the pendency of the case before the CA. This order became final and
    executory on June 3, 1999.

    2.

    In Magnolia Poultry Employees Union v Sanchez, the Court held that the discretion to assume
    jurisdiction may be exercised by the Secretary of Labor and Employment without the
    necessity of prior notice or hearing given to any of the parties. The rationale for his primary
    assumption of jurisdiction can justifiably rest on his own consideration of the exigency of
    the situation in relation to the national interests.

    Hence, the petition for review on certiorari is DENIED.

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