VILLARAMA, BIANCA DANICA S. CASE # 100 PAGE 1 OF 1

J I S S C O R I N D E P E N D E N T U N I O N v . T O R R E S 11 May 1993 G.R. No. 97189 Griño-Aquino, J. TOPIC: Certification Election Process and Procedure; Posting Notice SUMMARY: Two unions and management entered into an agreement setting the date and time of the

certification election and waiving the mandatory 5-day posting requirement. After the election, the losing union filed a protest citing, among others, the lack of posting. SC held that it was estopped from raising the issue because 1) it was not indicated in the minutes, and 2) it entered into the agreement.

NATURE: Petition for certiorari alleging the SOLE committed grave abuse of discretion.

• June 1990 - JISSCOR Independent Union (JIU) filed before the DOLE Med-Arbitration Unit a petition for

certification election among the rank-and-file EEs of the Jacinto Iron and Steel Sheets Corp. (JISSCOR). • Aug. 1990 - By agreement of JIU, Samahang Manggagawa ng JISSCOR-ALU (SMJ-ALU), and the

JISSCOR management, the Med-Arbiter issued an order setting the certification election on Sept. 4. • On the scheduled date, instead of an election, another pre-election conference was held in DOLE.

o Same parties entered into agreement: elections would be conducted on Sept. 6, 8am - 3pm, and that "the mandatory 5 days posting is hereby waived by agreement of the parties."

• Election results: JIU - 46; SMJ-ALU - 50; No Union - 0; Spoiled - 3; Total = 99 voted out of 104 eligible • JIU registered a protest in the minutes of the election stating that: "We file protest on the following

grounds: using visor, emblem". • Sept. 11 - JIU filed a formal protest before the DOLE-NCR, on the ff. grounds:

1. Election was very disorderly and irregular; no compliance with mandatory posting of notice of certification election and necessary list of qualified voters in accordance with Rule VI, §1

2. Lack of posting misled/ misinformed the voters/workers on the manner of voting, resulting in spoiled votes 3. Escorting of workers by SMJ-ALU officers and members from workplace to election registration; 4. Forcing workers to vote for SMJ-ALU by posting a very big streamer saying, "Vote! Samahang Manggagawa

ng JISSCOR-ALU" at the entrance of the chapel where the election was held; 5. Forcing workers to vote for SMJ-ALU by wearing sunvisors and pins saying, "Vote! SMJ-ALU" before and

during voting inside the polling place • Med-Arbiter issued an order declaring the certification election null and void. • SOLE granted SMJ-ALU's appeal; issued order certifying it as the sole and exclusive bargaining agent.

W/N the election should be nullified ⇒ NO. Petition has no merit. DISMISSED.

• Bk. V, Rule VI, §31 provides that grounds of a protest may be filed on the spot/ in writing with the representation officer and shall be contained in the minutes of the proceedings. Protests not so raised are deemed waived. o Minutes show that JIU only protested against ground #5 (use of emblem, visor, pin). Hence, other

protests not so raised are deemed waived. • No merit in contention that non-posting of the notice under Bk. V, Rule VI, §1 misled and confused the

workers regarding the mechanics of the election. JIU is estopped from raising that issue because it signed an agreement with SMJ-ALU to waive such posting. o The doctrine of estoppel is based on grounds of public policy, fair dealing, good faith and justice,

and its purpose is to forbid one to speak against his own act, representations, or commitments to the injury of one to whom they were directed and who reasonably relied thereon (PNB v. CA).

• Results belie JIU's allegation that the workers were misinformed. Only 3 ballots spoiled out of 99. • On the alleged use of sunvisors, pins, emblems: DOLE Undersecretary found that nothing in the

records shows that the alleged wearing of sunvisors etc., the posting of huge streamers, as well as the alleged escorting of voters by SMJ-ALU have unduly pressured/influenced/vitiated/affected the choice of the workers of their bargaining agent. Finding of fact of head of admin agency conclusive upon SC.

                                                                                                               1  SEC. 3. Representation officer may rule on any on-the-spot questions. — The Representation Officer may rule on any on-the-spot question arising from the conduct of the election. The interested party may, however, file a protest with the Representation Officer before the close of the proceedings. Protests not so raised are deemed waived. Such protests shall be contained in the minutes of the proceedings.