SSSEA vs. Bathan-Velasco

Social Security System Employees Association vs. Bathan-Velasco

Petitioner: Social Security System Employees Association (SSSEA)(PSLINK-TUCP)

Respondent: Perlita Bathan-Velasco, Officer in Charge, Bureau of Labor Relations, Alert and Concerned Employees for Better SSS (ACCESS), Social Security System

313 SCRA 250

Date: 08/27/1999

FACTS:

·      ACCESS filed with the Bureau of Labor Relations a petition for certification election to determine the sole and exclusive bargaining representative of the rank and file employees of SSS.

·      The Bureau of Labor Relations ordered the certification election among the rank and file employees of the SSS in its main office.

·      On October 11, 1991, ACCESS garnered 1,378 votes while SSSEA obtained 1,116 votes in the certification election.

·      SSSEA filed with the Bureau of Labor Relations an election protest and/or motion to annul the certification election. The protest and motion was denied.

·      Bathan-Velasco, Officer in Charge, Bureau of Labor Relations, also denied the Election Protest and/or Motion to Nullify Certification Elections in the Regional Offices After October 11, 1991. She also declared ACCESS as the sole and exclusive bargaining representative of all the rank and file employees of SSS.

·      Bathan-Velasco denied SSSEA’s motion for reconsideration.

·   SSSEA filed special civil action for certiorari with the Supreme Court. SSSEA argues that no certification election was held in the regional offices of respondent SSS. They also argue that the certification election should not have proceeded because of the pendency of a formal charge of a company-initiated union with the Bureau of Labor Relations.

ISSUE:

(1)  Whether or not SSSEA failed to exhaust all administrative remedies before resorting to the courts? YES!

HELD/RATIO:

·      SSSEA failed to take an appeal from the order of Bathan-Velasco to the Secretary of Labor, pursuant to Article 259 of the Labor Code.

·      When a party fails to exhaust all administrative remedies, a premature resort to the courts would result in the dismissal of the petition.

·      Moreover, the issues raised by SSSEA in its special civil action for certiorari involve a review of the factual findings of the Bureau of Labor Relations.

·      Factual issues are not proper subjects of an original petition for certiorari before the Supreme Court, as its power to review is limited to questions of jurisdiction, or grave abuse of discretion of judicial or quasi-judicial tribunals or officials. Judicial review does not extend to an evaluation of the sufficiency of the evidence upon which the proper labor officer or office based his or its determination.