5/24/2018 Scout Veterans Security vs Secretary Digest

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1st Set

Case # 118

Scout Veterans Security vs Secretary

224 Scra 682

Facts:

This is a petition for certiorari with prayer for preliminary injunction. PGA brotherhood Association filed

a petition for certification election among the rank and file employees of Philippine Scout Veterans

Security and Investigation Agency, GVM Security and Investigation Agency Inc and Abaquin Security and

Detective Agency Inc known as "PGA Security Agency". Petitioners filed a single comment alleging that

the said three security agencies have separate and distinct corporate personalities while PGA Security

Agency is not a business or corporate entity. Security agencies filed a motion to dismiss due to the

signatures did not meet the 20% minimum requirement for certification election. The Union filed an

Omnibus reply to the comment and Motion to dismiss. Security Agencies filed a Rejoinder claiming that

there is no violation of RA 5487 that the mere duplication of incorporators does not prove that the 3

agencies are actually one single entity and that the security guard supervisors, most especially

detachment commanders, fall within the definition of "supervisors". Med-Arbiter Rasidali Abdullah

issued an order in favor of the labor union finding that PSVSIA, GVM and ASDA should be deemed single

entity and bargaining unit for the purpose of union organizing and the holding of a certification election.

Security Agencies appealed to the Secretary of Labor but the Secretary denied the appeal due to lack of

merit and ordering the immediate conduct of certification election. The security agencies filed a motion

for reconsideration but the succeeding Labor Secretary denied the motion for reconsideration.

Issue:

Whether or not a single petition for election as a sole bargaining agent can validly or legally be filed by a

labor union in 3 corporations which has separate and distinct legal personality?

Held:

In the case at bar the 3 agencies are incorporated. The 3 security agencies are in reality a single business

entity operating as a single company called the PGA Security Agency . The agencies have common and

interlocking incorporators and officers. They have a single mutual benefit system and followed a single

compulsory retirement system. No explanation why the security guards of one agency could easily

transfer to another and then back again. They hold joint ceremonies and in cases of emergencies PSVSIA

detachment commanders were instructed in a memorandum to get in touch with officers of GVM and

ASDA. Wherefore, finding no reversible error in the questioned decision of the Secretary of Labor, the

instant case of petition for certiorari is hereby DISMISSED for utter lack of merit.

5/24/2018 Scout Veterans Security vs Secretary Digest

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