FACTS: The employees of petitioner organized themselves into a local chapter of PACIWU-TUCP. The union submitted its chapter certificate and supporting documents on the same date. They fled a petition for certification election on behalf of the NORECO chapter, seeking to represent the 77 rank-and-file employees of NORECO. PACIWU-TUCP alleged that it had created a local chapter in NORECO which was reported to the DOLE Regional and that NORECO is an unorganized establishment, and that there is no other labor organization presently existing at the said employer establishment. The Med-Arbiter dismissed the petition saying that no certificate has been issued yet so it has not acquired the status of a legitimate labor organization. The union filed an MR which the Secretary of Labor treated as an appeal and missed it. The CP rolled that the union had become a legitimate labor organization (LLO) 3 days before the petition for certification election and that there was no proof of supervisors being members of the union.
ISSUE: Whether or not the union had supervisory employees.
HELD: The SC uphold the decision of the CA. There was no persuasive evidence to show that there were supervisory and confidential employees in appellant union who under the law are disqualified to join the same. Also, petitioner only raised this issue on appeal so it could not be considered. The determination of such doctrine of primary jurisdiction, the Court should refrain from resolving such controversies. The doctrine of primary jurisdiction does not warrant a account to abrogate unto itself the authority to resolve a controversy the jurisdiction over which it initially lodged with an administrative body of special competence.
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