The Supreme Court of the Philippines ruled that the certification of Beneco Employees Labor Union (BELU) as the sole bargaining representative of Benguet Electric Cooperative (BENECO) was invalid. The certification election that BELU won included votes from BENECO members who were ineligible to join a labor union. Only BENECO employees who were not members of the cooperative could join a union. The Court set aside the election results and directed the labor relations office to hold a new election only for non-member employees.
Collective bargaining in a difficult economy by siva kumarlegalPadmin
This document discusses principles of collective bargaining in difficult economic periods. It notes that courts consider factors like comparable wages, cost of living increases, and a company's financial capacity. During downturns, courts aim to balance wage increases with preventing job losses. The document also discusses productivity-linked wage systems and other potential solutions like cost-cutting, loans, or redundancy as a last resort.
The document discusses the definition of a "contract of service" and "employee" under Malaysian employment law. It provides an overview of factors that determine an employment relationship such as control tests, implied terms of a contract of employment, relevant legislation, and important court cases that have helped define these concepts. The control test, organization test, and implied duty of mutual trust and confidence are some key considerations examined in determining whether a worker is an employee under a contract of service.
The Supreme Court of the Philippines ruled that an employer-employee relationship did not exist between Mamerto S. Besa, who owned a shoe shining business, and 17 shoe shiners who were members of a labor union. Previous court rulings had also found no employer-employee relationship. As such, the shoe shiners did not have standing to file a petition for union certification or vote in the certification election. Without the shoe shiners' votes, the union did not obtain a majority and could not be certified as the bargaining representative. The Court voided the decision upholding the election results and dismissed the certification petition.
Managing Dismissal Cases to Avoid RepercussionslegalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Presentation on Employment Law in Malaysia - for Masters class @ UniRazakKevin Koo
This document provides an outline and summary of a presentation on employment laws in Malaysia given by two students, Adnan Seman and Kevin Koo Seng Kiat, at Universiti Tun Abdul Razak. The presentation covers several key topics related to employment laws in Malaysia, including hiring processes and requirements, classifications of workers, rights and responsibilities of employees, minimum standards for wages and benefits, and regulations regarding termination of employment.
This document discusses the definition of "industry" under the Industrial Dispute Act. It defines industry as any business, trade, undertaking, manufacturer or calling of employees. It also lays out a triple test established by the Supreme Court to determine what constitutes an industry: 1) there must be systematic activity, 2) the activity must be organized, and 3) the activity must be for the production and/or distribution of goods or services to satisfy human needs. Several court cases are discussed that apply this test to different sectors such as hospitals, educational institutions, clubs, and temples.
This document provides an overview of employment termination laws and best practices for managers in Malaysia. It discusses the different types of voluntary and involuntary termination. If termination is unavoidable, the document advises proper planning to avoid unfair dismissal claims and legal issues. This includes following due process, such as conducting investigations for misconduct cases and domestic inquiries. The burden of proof is on the employer to show just cause for dismissal. Remedies for unfair dismissal include filing a representation with the Director General seeking reinstatement. Constructive dismissal occurs when an employer makes working conditions unbearable to force an employee to resign. Throughout, the document emphasizes complying with employment laws and natural justice to conduct termination lawfully and avoid disputes.
Collective bargaining in a difficult economy by siva kumarlegalPadmin
This document discusses principles of collective bargaining in difficult economic periods. It notes that courts consider factors like comparable wages, cost of living increases, and a company's financial capacity. During downturns, courts aim to balance wage increases with preventing job losses. The document also discusses productivity-linked wage systems and other potential solutions like cost-cutting, loans, or redundancy as a last resort.
The document discusses the definition of a "contract of service" and "employee" under Malaysian employment law. It provides an overview of factors that determine an employment relationship such as control tests, implied terms of a contract of employment, relevant legislation, and important court cases that have helped define these concepts. The control test, organization test, and implied duty of mutual trust and confidence are some key considerations examined in determining whether a worker is an employee under a contract of service.
The Supreme Court of the Philippines ruled that an employer-employee relationship did not exist between Mamerto S. Besa, who owned a shoe shining business, and 17 shoe shiners who were members of a labor union. Previous court rulings had also found no employer-employee relationship. As such, the shoe shiners did not have standing to file a petition for union certification or vote in the certification election. Without the shoe shiners' votes, the union did not obtain a majority and could not be certified as the bargaining representative. The Court voided the decision upholding the election results and dismissed the certification petition.
Managing Dismissal Cases to Avoid RepercussionslegalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Presentation on Employment Law in Malaysia - for Masters class @ UniRazakKevin Koo
This document provides an outline and summary of a presentation on employment laws in Malaysia given by two students, Adnan Seman and Kevin Koo Seng Kiat, at Universiti Tun Abdul Razak. The presentation covers several key topics related to employment laws in Malaysia, including hiring processes and requirements, classifications of workers, rights and responsibilities of employees, minimum standards for wages and benefits, and regulations regarding termination of employment.
This document discusses the definition of "industry" under the Industrial Dispute Act. It defines industry as any business, trade, undertaking, manufacturer or calling of employees. It also lays out a triple test established by the Supreme Court to determine what constitutes an industry: 1) there must be systematic activity, 2) the activity must be organized, and 3) the activity must be for the production and/or distribution of goods or services to satisfy human needs. Several court cases are discussed that apply this test to different sectors such as hospitals, educational institutions, clubs, and temples.
This document provides an overview of employment termination laws and best practices for managers in Malaysia. It discusses the different types of voluntary and involuntary termination. If termination is unavoidable, the document advises proper planning to avoid unfair dismissal claims and legal issues. This includes following due process, such as conducting investigations for misconduct cases and domestic inquiries. The burden of proof is on the employer to show just cause for dismissal. Remedies for unfair dismissal include filing a representation with the Director General seeking reinstatement. Constructive dismissal occurs when an employer makes working conditions unbearable to force an employee to resign. Throughout, the document emphasizes complying with employment laws and natural justice to conduct termination lawfully and avoid disputes.
Managing Dismissal to Avoid RepercussionlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
The document provides an overview of termination of employees laws and challenges in Malaysia presented by Miss Loh Sub Mui. It discusses:
- The rights of employers and employees. Employers have the right to promote, transfer, and determine workforce size while employees have rights to security, safe working conditions, and union participation.
- Key statutory provisions around termination from the Employment Act 1955 including requiring notice periods of 4-8 weeks depending on length of service and allowing termination without notice by paying indemnity.
- Challenges around proving just cause for termination such as misconduct, negligence, poor performance, and managing probationary periods. Proper documentation of warnings and opportunities for improvement is important.
This document discusses the law of constructive dismissal and its implications for human resource management in Malaysia. It provides background on employment law in Malaysia, defines constructive dismissal, reviews literature on the topic, and analyzes case law awards related to constructive dismissal to identify lessons for preventing such claims. The key points are that constructive dismissal occurs when an employee resigns due to a serious breach of contract by the employer, the number of constructive dismissal awards against employers in Malaysia has increased in recent years, and employers need to properly manage employees to avoid constructive dismissal and its costs.
The Industrial Relations Act of 1967 provides the legal framework for regulating relations between employers and employees/trade unions in Malaysia. The Act aims to prevent and resolve disputes arising from their relationships, promote democratic self-governance in industry, and ensure the speedy resolution of trade disputes. It covers important areas like rights of workers and unions, recognition of unions, collective bargaining, dispute resolution, and restrictions on strikes and lockouts. The Act works together with the Employment Act of 1955 and Trade Unions Act of 1959 to form the basis of Malaysia's industrial relations system.
The document discusses the definition of "industry" under the Industrial Disputes Act. It covers:
1) How courts have interpreted industry broadly in the first phase (1953-1962) but narrowly in the second phase (1963-1978).
2) The landmark 1978 BWSSB v Rajappa case defined industry in the widest terms, including any systematic activity organized by employer-employee cooperation for production/distribution of goods/services.
3) Parliament amended the definition in 1982 to align with BWSSB but exclude some employments; the definition remains debated today.
This document discusses the laws around retrenchment in Malaysia and its implications for human resource management practices. It defines retrenchment as the termination of employment contracts for employees deemed surplus due to factors like restructuring or economic downturn. The document outlines relevant statutes governing retrenchment in Malaysia and findings from court cases that revealed many retrenchments were ruled against employers for poor workforce selection processes or mishandling of retrenchment. It recommends viewing retrenchment as a proactive rather than reactive process involving effective planning and exploring alternatives before use as a last resort.
Adjudication settlement of industrial disputes with case study.Madeha Rafiqi
The document summarizes two case studies regarding industrial disputes.
In Case 1, the court ruled in favor of staff members of a pharmaceutical company seeking wage increases and other benefits equal to what was granted to workers.
In Case 2, the court found that 11 workers were illegally terminated from an export company without due process. While reinstatement was not possible due to company closure, the workers were entitled to 20% back wages as compensation.
The document summarizes key Indian employment and labor laws. It discusses that India allows foreign direct investment but places restrictions on employers. Several important labor laws regulate conditions of work, wages, and labor relations for workmen. The key laws discussed include the Industrial Disputes Act, Factories Act, Contract Labor Act, Trade Unions Act, Workmen's Compensation Act, and laws around provident funds, gratuity, and employees' state insurance. The laws differentiate regulations for workmen versus non-workmen and provide certain benefits and protections to workmen.
Post Employment Restrictive Covenants- How Much Enforceable?EquiCorp Associates
The legislations governing several aspects of the employer-employee relationship are so complicated and ambiguous, that they yield in litigation rather than to provide clear way out. Moreover, the most important bone of contention w.r.t. protection of confidential information, non-disclosure and non-solicitation have not yet been addressed through legislation in India, thus warranting recourse to judicial interpretation and common law.
In an attempt to protect their interests, trade secrets, confidential information, every employer execute employment agreement and impose post employment restrictive covenants pertaining to manner in which the employees are required to serve the notice period, comply with the exit formality, non-solicitation, non-compete and others before finally exit from the employer.
However, to enforce post employment restrictive covenants had become a challenging task for the employers. In this article, we seek to provide an overview of the steps to be adopted by the employer and how to address a conflict situation with its employees and to enforce post employment covenants.
Redundancy, Retrenchment and SeparationlegalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Stefanie entered into a 5-year contract with Madam Dora to receive dance training. However, Stefanie was a minor at the time. Generally, contracts entered into by minors are void due to lack of capacity. There are exceptions for necessaries, beneficial contracts, and scholarships. While dance training could potentially fall under a beneficial contract exception, the contract imposed unreasonable restrictions on Stefanie like not allowing other engagements or marriage without consent. Based on past cases, such unreasonable provisions in a contract with a minor are not enforceable. Therefore, the contract between Stefanie and Madam Dora was void, and Stefanie would not be liable for its breach.
Understanding Employment Act & Industrial Relation Act in MalaysiaAshraf Danish
This document summarizes key Malaysian labor laws including the Employment Act 1955, Industrial Relations Act 1967, and Trade Union Act 1959. The Employment Act 1955 covers matters like wages, working hours, leave, and maternity protection. The Industrial Relations Act 1967 aims to promote harmony between employers and employees by regulating their relations and preventing/settling disputes. It also governs trade union registration and rights. The collective bargaining process and legal requirements for picketing and strikes are also outlined.
The document discusses the process for registering labor unions in the Philippines according to the Labor Code of the Philippines. It provides that the Department of Labor and Employment (DOLE) is mandated to process applications for union registration for them to have legal status and rights. There are requirements for applications including a completed form, constitution/bylaws, and lists of members. Registration is valid indefinitely and costs 70 PHP. The process takes one working day if all documents are complete. Eligible employees can apply at their local DOLE field office.
The document discusses unfair labour practices by employers under Alberta labour law. It defines unfair practices as those that undermine employees' rights to freely choose a bargaining agent and engage in collective bargaining. It outlines prohibited practices towards bargaining agents, such as interfering in their formation, administration or representation of employees. It also describes prohibited practices against employees, like discriminating against union members, penalizing participation in lawful strikes, and undermining the administration of the labour code. The document provides detailed explanations of prohibited conduct and exceptions under relevant sections of Alberta's Labour Relations Code.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
The document discusses unfair labour practices in India. It defines fairness and its ambiguity. It outlines the background of labour practices and relationships between employers and employees. It then discusses various types of unfair conduct by employers, including refusal to promote, unfair suspension, disciplinary actions, and treating workers as casuals to deprive them of permanent status. It provides examples from court cases where certain employer actions were found to constitute unfair labour practices. Schedules from the Maharashtra Recognition of Trade Unions Act and Industrial Disputes Act define unfair labour practices of employers, employees, and trade unions.
legislation regarding settlement of industrial disputesKrunalVangari
This document provides an overview of legislation concerning the settlement of industrial disputes in India. It discusses the key definitions in the Industrial Disputes Act, 1947 such as "industrial dispute", "workman", "strike", and "lock-out". It also describes the various authorities established to settle industrial disputes, such as grievance officers, boards of conciliation, labour courts, and tribunals. Finally, it briefly discusses previous legislation preceding the 1947 Act and some state laws regulating industrial relations.
1 WRITTEN LABOUR ASSIGNMENT S NAIR BENEFITSSarvesh Nair
This document provides a critical discussion of unfair labour practices concerning benefits with reference to recent case law. It begins by defining unfair labour practices and outlining the scope of protection under section 186(2) of the Labour Relations Act. It then discusses how the term "benefit" is not clearly defined in law and has been subject to several court decisions attempting to define it. The document concludes by analyzing the judgment in the recent 2013 Apollo Tyres case from the Labour Appeal Court to further develop the definition of a benefit.
Employment Laws Addressing Needs of EmployerslegalPadmin
Speech by YBhg Datuk Shamsuddin Bardan, Executive Director Malaysia Employers Federation, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 9, 2015
This document is a summary of a Supreme Court of the Philippines case from 1984 regarding whether a union representing supervisory employees can affiliate with the same federation that the rank-and-file union is affiliated with. The Court ruled that supervisory unions can validly affiliate with the same federation as a rank-and-file union, as long as the supervisory union and rank-and-file union remain separate and distinct organizations that independently represent their own members in collective bargaining negotiations. The Court found that affiliation with the same federation does not result in indirect affiliation of supervisors and rank-and-file with one labor organization or undermine the independence of the unions.
Managing Dismissal to Avoid RepercussionlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
The document provides an overview of termination of employees laws and challenges in Malaysia presented by Miss Loh Sub Mui. It discusses:
- The rights of employers and employees. Employers have the right to promote, transfer, and determine workforce size while employees have rights to security, safe working conditions, and union participation.
- Key statutory provisions around termination from the Employment Act 1955 including requiring notice periods of 4-8 weeks depending on length of service and allowing termination without notice by paying indemnity.
- Challenges around proving just cause for termination such as misconduct, negligence, poor performance, and managing probationary periods. Proper documentation of warnings and opportunities for improvement is important.
This document discusses the law of constructive dismissal and its implications for human resource management in Malaysia. It provides background on employment law in Malaysia, defines constructive dismissal, reviews literature on the topic, and analyzes case law awards related to constructive dismissal to identify lessons for preventing such claims. The key points are that constructive dismissal occurs when an employee resigns due to a serious breach of contract by the employer, the number of constructive dismissal awards against employers in Malaysia has increased in recent years, and employers need to properly manage employees to avoid constructive dismissal and its costs.
The Industrial Relations Act of 1967 provides the legal framework for regulating relations between employers and employees/trade unions in Malaysia. The Act aims to prevent and resolve disputes arising from their relationships, promote democratic self-governance in industry, and ensure the speedy resolution of trade disputes. It covers important areas like rights of workers and unions, recognition of unions, collective bargaining, dispute resolution, and restrictions on strikes and lockouts. The Act works together with the Employment Act of 1955 and Trade Unions Act of 1959 to form the basis of Malaysia's industrial relations system.
The document discusses the definition of "industry" under the Industrial Disputes Act. It covers:
1) How courts have interpreted industry broadly in the first phase (1953-1962) but narrowly in the second phase (1963-1978).
2) The landmark 1978 BWSSB v Rajappa case defined industry in the widest terms, including any systematic activity organized by employer-employee cooperation for production/distribution of goods/services.
3) Parliament amended the definition in 1982 to align with BWSSB but exclude some employments; the definition remains debated today.
This document discusses the laws around retrenchment in Malaysia and its implications for human resource management practices. It defines retrenchment as the termination of employment contracts for employees deemed surplus due to factors like restructuring or economic downturn. The document outlines relevant statutes governing retrenchment in Malaysia and findings from court cases that revealed many retrenchments were ruled against employers for poor workforce selection processes or mishandling of retrenchment. It recommends viewing retrenchment as a proactive rather than reactive process involving effective planning and exploring alternatives before use as a last resort.
Adjudication settlement of industrial disputes with case study.Madeha Rafiqi
The document summarizes two case studies regarding industrial disputes.
In Case 1, the court ruled in favor of staff members of a pharmaceutical company seeking wage increases and other benefits equal to what was granted to workers.
In Case 2, the court found that 11 workers were illegally terminated from an export company without due process. While reinstatement was not possible due to company closure, the workers were entitled to 20% back wages as compensation.
The document summarizes key Indian employment and labor laws. It discusses that India allows foreign direct investment but places restrictions on employers. Several important labor laws regulate conditions of work, wages, and labor relations for workmen. The key laws discussed include the Industrial Disputes Act, Factories Act, Contract Labor Act, Trade Unions Act, Workmen's Compensation Act, and laws around provident funds, gratuity, and employees' state insurance. The laws differentiate regulations for workmen versus non-workmen and provide certain benefits and protections to workmen.
Post Employment Restrictive Covenants- How Much Enforceable?EquiCorp Associates
The legislations governing several aspects of the employer-employee relationship are so complicated and ambiguous, that they yield in litigation rather than to provide clear way out. Moreover, the most important bone of contention w.r.t. protection of confidential information, non-disclosure and non-solicitation have not yet been addressed through legislation in India, thus warranting recourse to judicial interpretation and common law.
In an attempt to protect their interests, trade secrets, confidential information, every employer execute employment agreement and impose post employment restrictive covenants pertaining to manner in which the employees are required to serve the notice period, comply with the exit formality, non-solicitation, non-compete and others before finally exit from the employer.
However, to enforce post employment restrictive covenants had become a challenging task for the employers. In this article, we seek to provide an overview of the steps to be adopted by the employer and how to address a conflict situation with its employees and to enforce post employment covenants.
Redundancy, Retrenchment and SeparationlegalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Stefanie entered into a 5-year contract with Madam Dora to receive dance training. However, Stefanie was a minor at the time. Generally, contracts entered into by minors are void due to lack of capacity. There are exceptions for necessaries, beneficial contracts, and scholarships. While dance training could potentially fall under a beneficial contract exception, the contract imposed unreasonable restrictions on Stefanie like not allowing other engagements or marriage without consent. Based on past cases, such unreasonable provisions in a contract with a minor are not enforceable. Therefore, the contract between Stefanie and Madam Dora was void, and Stefanie would not be liable for its breach.
Understanding Employment Act & Industrial Relation Act in MalaysiaAshraf Danish
This document summarizes key Malaysian labor laws including the Employment Act 1955, Industrial Relations Act 1967, and Trade Union Act 1959. The Employment Act 1955 covers matters like wages, working hours, leave, and maternity protection. The Industrial Relations Act 1967 aims to promote harmony between employers and employees by regulating their relations and preventing/settling disputes. It also governs trade union registration and rights. The collective bargaining process and legal requirements for picketing and strikes are also outlined.
The document discusses the process for registering labor unions in the Philippines according to the Labor Code of the Philippines. It provides that the Department of Labor and Employment (DOLE) is mandated to process applications for union registration for them to have legal status and rights. There are requirements for applications including a completed form, constitution/bylaws, and lists of members. Registration is valid indefinitely and costs 70 PHP. The process takes one working day if all documents are complete. Eligible employees can apply at their local DOLE field office.
The document discusses unfair labour practices by employers under Alberta labour law. It defines unfair practices as those that undermine employees' rights to freely choose a bargaining agent and engage in collective bargaining. It outlines prohibited practices towards bargaining agents, such as interfering in their formation, administration or representation of employees. It also describes prohibited practices against employees, like discriminating against union members, penalizing participation in lawful strikes, and undermining the administration of the labour code. The document provides detailed explanations of prohibited conduct and exceptions under relevant sections of Alberta's Labour Relations Code.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
The document discusses unfair labour practices in India. It defines fairness and its ambiguity. It outlines the background of labour practices and relationships between employers and employees. It then discusses various types of unfair conduct by employers, including refusal to promote, unfair suspension, disciplinary actions, and treating workers as casuals to deprive them of permanent status. It provides examples from court cases where certain employer actions were found to constitute unfair labour practices. Schedules from the Maharashtra Recognition of Trade Unions Act and Industrial Disputes Act define unfair labour practices of employers, employees, and trade unions.
legislation regarding settlement of industrial disputesKrunalVangari
This document provides an overview of legislation concerning the settlement of industrial disputes in India. It discusses the key definitions in the Industrial Disputes Act, 1947 such as "industrial dispute", "workman", "strike", and "lock-out". It also describes the various authorities established to settle industrial disputes, such as grievance officers, boards of conciliation, labour courts, and tribunals. Finally, it briefly discusses previous legislation preceding the 1947 Act and some state laws regulating industrial relations.
1 WRITTEN LABOUR ASSIGNMENT S NAIR BENEFITSSarvesh Nair
This document provides a critical discussion of unfair labour practices concerning benefits with reference to recent case law. It begins by defining unfair labour practices and outlining the scope of protection under section 186(2) of the Labour Relations Act. It then discusses how the term "benefit" is not clearly defined in law and has been subject to several court decisions attempting to define it. The document concludes by analyzing the judgment in the recent 2013 Apollo Tyres case from the Labour Appeal Court to further develop the definition of a benefit.
Employment Laws Addressing Needs of EmployerslegalPadmin
Speech by YBhg Datuk Shamsuddin Bardan, Executive Director Malaysia Employers Federation, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 9, 2015
This document is a summary of a Supreme Court of the Philippines case from 1984 regarding whether a union representing supervisory employees can affiliate with the same federation that the rank-and-file union is affiliated with. The Court ruled that supervisory unions can validly affiliate with the same federation as a rank-and-file union, as long as the supervisory union and rank-and-file union remain separate and distinct organizations that independently represent their own members in collective bargaining negotiations. The Court found that affiliation with the same federation does not result in indirect affiliation of supervisors and rank-and-file with one labor organization or undermine the independence of the unions.
Barbara Barber has over 15 years of experience in mail and package handling, distribution, and processing. She currently works as a Mail Clerk for Hertz-Oce, where she weighs, sorts, scans and distributes mail and packages to the correct departments. Previously, she held roles as a Lead Mail Clerk, Mail Clerk, Baker, and various finishing and quality control roles related to printing. She graduated from Beaver Dam Senior High School in 1984 and can provide additional references upon request.
Convergent is one of the top five largest companies in the industry providing diversified revenue cycle management, collections, and customer care services using strong operators, proven techniques, innovative technology, and daily metric management. Founded in 1998 and headquartered in Seattle, Convergent employs over 2,600 employees across 13 locations in 10 states, serving a diverse customer base including partnerships lasting over 50 years.
The document describes the different types of exocrine glands. It discusses secretory units that produce and secrete products through acinus cells arranged in a tubulo-alveolar shape containing granules. It also discusses excretory units that include intercalated ducts, interlobular ducts, and the main excretory duct that collect and discharge secretions. The document classifies exocrine glands as either unicellular, multicellular, simple, or compound depending on their cellular structure and whether they contain multiple secretory units.
This document discusses the networks of connectivity and infrastructure developed for the Akshardham Temple and Commonwealth Games Village in New Delhi. It describes how metro lines, roads, flyovers, and other physical infrastructure were constructed or improved to connect these areas for the 2010 Commonwealth Games. It also examines the water, power, and transportation networks that were established and customized for the Temple and Games Village.
El documento describe un programa de mentoría para emprendedores llamado "Mentor GLOCAL" que ayuda a los emprendedores a desarrollar proyectos con visión global pero ubicados localmente. El programa es organizado por la Asociación de Empresarios de la Villa de Tegueste en septiembre de 2014 y ofrece asesoramiento, entrenamiento y apoyo a los emprendedores para crear ecosistemas locales de emprendimiento que también tengan una visión global.
This document summarizes a Supreme Court decision that consolidated two petitions for certiorari challenging the decision of a voluntary arbitrator in a dispute between Dela Salle University and its employee association regarding the scope of collective bargaining. The voluntary arbitrator ruled on several issues, including including certain computer operators and discipline officers in the bargaining unit but excluding employees of the College of St. Benilde. Both parties filed motions for reconsideration with the arbitrator that were denied. Both parties then filed petitions for certiorari with the Supreme Court, which were later consolidated.
M Moser is an interior architecture firm committed to providing full interior design services that function as practical, integral, and inspired business solutions for clients regardless of project scale or budget. They understand the importance of developing strong working relationships with client teams. M Moser works to design, manage, and deliver excellent office spaces that support both client values and business objectives at the core of each project solution.
The document describes the structure of an exocrine gland, which contains secretory units made up of acinus cells that secrete substances through tubulo-alveolar structures. The exocrine gland also contains excretory units consisting of a series of ducts of various shapes and cell types that collect and transport the secretions from the secretory units to the outside of the body.
1. Rutherford continued Lenard's experiment by firing positively charged particles at a gold foil.
2. He discovered that most particles passed through the foil, but some were deflected or bounced back, indicating a small, dense nucleus at the atom's center.
3. This led Rutherford to propose his nuclear model of the atom, where electrons orbit a tiny, massive nucleus - overturning Thomson's "plum pudding" model. However, his theory did not explain how electrons can orbit the nucleus without radiating energy.
Rutherford discovered alpha particles emitted from uranium in 1899. Alpha particles are high-speed particles composed of two protons and two neutrons, identical to a helium nucleus but without electrons. Rutherford found uranium emitted at least two types of radiation, which he called alpha and beta particles, and determined through experiments shielding the uranium with aluminum sheets of varying thickness that alpha particles are stopped by just a few inches of air due to being a high-energy nuclear particle.
1. The document describes the secretory and excretory units of exocrine glands. Secretory units include acinus cells arranged in a tubulo-alveolar shape that secrete granules.
2. Excretory units consist of intercalated ducts, interlobular ducts, and the main excretory duct. Intercalated ducts connect secretory units to interlobular ducts, which are made of simple cuboidal or columnar cells. Interlobular ducts connect to the main excretory duct lined with stratified columnar or squamous epithelium.
3. Exocrine glands are either unicellular like goblet cells, or multicell
This study aimed to determine if coconut toddy can produce sugar. The researcher collected coconut toddy and attempted to produce sugar through boiling and evaporation. Over three trials, the toddy thickened and turned brown but only produced a small amount of sugar with a sour taste. The researcher determined the procedures were incorrect and that fresh toddy and precise temperature control are needed. In conclusion, the study failed to produce sugar from coconut toddy with the methods used.
This document provides background information on a project to implement a cable propelled transit system in Caracas, Venezuela. The system links two informal settlements (barrios) of San Agustin to the city's public transportation network. It was designed by Urban-Think Tank and built for $18 million USD. The cable car system has 5 stations and transports around 3,000 passengers per hour in each direction. It provides a crucial connection for residents who previously had to walk 39 floors daily to access services. The project also included "plug-in" community buildings at stations to foster social and cultural programming.
This document discusses insectivorous plants, which are carnivorous plants that trap and digest insects and other small animals. There are over 600 species across 9 types of insectivorous plants that use different trapping mechanisms like pitfall traps, adhesive traps, snap traps, and lobster pot traps to capture prey. These plants typically live in nutrient-poor bog and fen habitats where they obtain nitrogen and other nutrients from their trapped insect prey rather than from the soil. Examples of insectivorous plants and their trapping mechanisms are described.
The Supreme Court granted the petition of Atlas Lithographic Services, Inc. (ALSI) and ruled that the supervisory employees of ALSI cannot affiliate with the national federation Kampil-Katipunan, which represents ALSI's rank-and-file employees. The Court found that allowing such an affiliation would violate Article 245 of the Labor Code, which prohibits supervisors from joining the same labor organization as the employees they supervise due to conflicts of interest.
Nacpil vs. international broadcasting corporationquinnee02
This case concerns a petition filed by Dily Dany Nacpil against the International Broadcasting Corporation regarding his dismissal. The Court of Appeals had ruled that the Labor Arbiter did not have jurisdiction over the case. The Supreme Court affirmed, finding that as the petitioner was appointed Comptroller with the approval of IBC's Board of Directors, he was considered a corporate officer, making this an intra-corporate dispute under the jurisdiction of the Securities and Exchange Commission rather than the labor courts. The Court also held that the IBC's failure to post an appeal bond did not prevent the Court of Appeals from ruling on the jurisdiction issue.
This document discusses Philippine labor laws regarding the right to self-organization. It covers topics such as the employees' right to form labor unions, requirements for union registration, collective bargaining procedures, and rights of legitimate labor organizations. Key points include that all employees regardless of employment status can join unions, unions must meet certain criteria to register, and registered unions have the right to exclusively represent employees and engage in collective bargaining.
This document is the first page of a Supreme Court of the Philippines decision regarding whether employees absorbed through a merger can be exempt from a union shop clause in an existing collective bargaining agreement. The case involves a merger between Bank of the Philippine Islands (BPI) and Far East Bank and Trust Company (FEBTC), where FEBTC employees were absorbed by BPI. The union representing BPI employees claimed the absorbed FEBTC employees were covered by the union shop clause, while BPI argued they were exempt as they were not new employees. The Court of Appeals sided with the union, and BPI appealed to the Supreme Court. The Supreme Court will now decide if the absorbed FEBTC employees should be considered new employees
The Trade Union Act of 1926 provides the legal framework for the registration and regulation of trade unions in India. Some key points:
- A trade union is a voluntary organization of workers formed to protect their interests through collective action like securing fair wages and improving working conditions.
- The Act allows 7 or more workers to apply for registration of their trade union by submitting its rules and details to the Registrar.
- Registered trade unions receive legal protections like the ability to own property, enter contracts, and sue/be sued in their own name. They must follow requirements regarding their rules and finances.
- The Registrar can cancel a union's registration if it violates the Act. Appeals can be
This slides shows the important definitions of Trade union. And gives an idea about recognition and registration of trade union & the differences between them.
This document summarizes a court judgment regarding an appeal by Taylor's College Sdn Bhd against a decision by the Director General of Trade Unions to conduct a membership verification rather than a secret ballot to determine recognition of a union. The court unanimously dismissed the appeal and affirmed the lower court's order. It found that the Director General acted within its powers and discretion in ordering membership verification based on evidence that over 70% of employees supported union recognition at the time it was claimed.
The trade unions act 1926.ppt final presentation.uesSunit Kapoor
A trade union is an association of workers formed to protect and improve the socio-economic status of its members through collective action. Key features include being a democratic institution ultimately controlled by members. A registered trade union receives legal status and protections for acts done in contemplation of a trade dispute. There are also restrictions on how union funds can be spent and requirements for financial disclosures, office bearer qualifications, and membership rights. While registration is not required, it provides benefits like immunity and stronger recognition for collective bargaining.
The Supreme Court of the Philippines upheld the decision of the Director of the Bureau of Labor Relations to order a certification election among the rank-and-file workers of GAW Trading, Inc. The Court found the collective bargaining agreement between the Associated Labor Unions and GAW Trading to be defective because there was no proof that ALU had majority support of the workers or that the CBA was properly posted and ratified as required. The Court determined that the hasty recognition of ALU as the sole bargaining agent was unwarranted given the unclear circumstances and existence of other unions, so a certification election was necessary to determine the true will of the workers.
Takata (Philippines) Corporation vs. Bureau of Labor Relations and Samahang L...PoL Sangalang
Takata (Philippines) Corporation vs. Bureau of Labor Relations and Samahang Lakas Manggagawa ng Takata (SALAMAT), GR No. 196276, June 4, 2014, Supreme Court of the Philippines.
The document outlines regulations for recruitment and placement activities in the Philippines. It discusses qualifications for participating in overseas employment programs, including citizenship and capitalization requirements. It also lists those who are disqualified, such as travel agencies, government employees, and those with derogatory records. The document prohibits certain practices for licensed agencies, such as charging illegal fees or furnishing false information. Grounds for suspension or revocation of licenses are also provided, including incurring violations or engaging in misrepresentation.
This presentation will summarize current organizing rules, the changes that will occur if EFCA is passed, and steps that employers should consider now in light of the proposed legislation.
The document discusses unfair labor practices under Philippine law. It defines unfair labor practices as violations of workers' rights to organize and collectively bargain that disrupt labor relations. The document outlines unfair labor practices by employers, such as interfering with union activities, discrimination based on union membership, and violating collective bargaining agreements. It also discusses unfair labor practices by unions, remedies and enforcement procedures under the labor code. Finally, it examines various types of union security clauses used in collective bargaining agreements to strengthen unions.
- Preference shareholders have voting rights on resolutions directly affecting their rights or in the event of unpaid dividends over two years.
- The 2013 Act does not distinguish between cumulative and non-cumulative preference shares unlike the 1956 Act.
- Voting rights of preference shareholders are proportional to paid-up capital amounts of preference and equity shares.
- Preference shareholders may be entitled to vote if dividends are unpaid, even if the company has no profits to declare dividends.
C H A P T E R 15 Collective BargainingEmployees join unions TawnaDelatorrejs
C H A P T E R 15 Collective Bargaining
Employees join unions to gain some influence over their working conditions and wages; that influence is achieved through the process called collective bargaining. Section 8(d) of the National Labor Relations Act (NLRA) defines collective bargaining as [t]he performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder. . . . This process of meeting and discussing working conditions is actually a highly stylized and heavily regulated form of economic conflict. Within the limits of conduct spelled out by the National Labor Relations Board (NLRB) under the NLRA, the parties exert pressure on each other to force some concession or agreement. The union’s economic pressure comes from its ability to withhold the services of its members—a strike. The employer’s bargaining pressure comes from its potential to lock out the employees or to permanently replace striking workers. The NLRB and the courts, through their interpretation and administra- tion of the NLRA, have limited the kinds of pressure either side may exert and how such pressure may be applied. This chapter examines the collective bargaining process and the legal limits placed on that process.
15-1 The Duty to Bargain
An employer is required to recognize a union as the exclusive bargaining representa- tive of its employees when a majority of those employees support the union. The union may demonstrate its majority support either through signed authorization cards or by winning a representation election. Once aware of the union’s majority support, the employer must recognize and bargain with the union according to the process spelled out in Section 8(d). Section 8(a)(5) makes it an unfair labor practice for an employer to refuse to bargain with the representative of its employees, and Section 8(b)(3) makes it an unfair practice for a union representing a group of employees to refuse to bargain with their employer. Although the NLRA imposes an obligation to bargain collectively upon both employer and union, it does not control the results of the bargaining process. Section 8(d) makes it clear that the obligation to bargain “does not compel either party to agree to a proposal or require the making of a concession.” The act thus reflects an ambivalence regarding the duty to bargain in good faith. The parties, to promote industrial relations harmony, are required to come together and negotiate, but in deference to the principle of freedom of contract, they are not required to reach an agreement. This tension between the goal of promoting industrial peace and the principle of freedom of contract underlies the various NLRB and court decisions dealing with the duty to bargain. The accommodation of these conflicting ideas makes the ar ...
Agency agreement, grounds for termination, skelly processHarve Abella
The document discusses contracting and subcontracting arrangements under Philippine labor law. It defines key terms like principal, contractor, and contractual employees. It outlines conditions for legitimate contracting, including written contracts and contractor registration. It also discusses grounds for termination, requirements for due process, and the consequences of legal and illegal termination.
Labor Code: Unfair labor practices are violations of the constitutional rights of workers and employees to self-organization. These illegal practices are considered inimical to the legitimate interests of both labor and management. These unfair practices are likewise prejudicial to the labor and management’s right to bargain collectively, and otherwise deal with each other in an atmosphere of freedom and mutual respect. These practices disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.
The document discusses oppression and mismanagement in companies. It defines oppression as conduct involving unfair dealing that violates fair standards, while mismanagement refers to conducting company affairs in a prejudicial, dishonest or negligent manner. The Companies Act, 1956 contains provisions to protect minority shareholders from oppression and mismanagement. It allows applications to the Company Law Board for relief from oppression of members or mismanagement. The Board has powers to regulate company affairs and remove managerial personnel involved in oppression or mismanagement. The Central Government can also appoint directors and prevent changes to the board that could prejudice the company.
1. G.R. No. 79025. December 29, 1989.
BENGUET ELECTRIC COOPERATIVE, INC., petitioner,
vs.
HON. PURA FERRER-CALLEJA, Director of the Bureau of Labor Relations, and BENECO
EMPLOYEES LABOR UNION, respondents.
E.L. Gayo& Associates for petitioner.
CORTES, J.:
On June 21, 1985 Beneco Worker's Labor Union-Association of Democratic Labor Organizations
(hereinafter referred to as BWLU- ADLO) filed a petition for direct certification as the sole and
exclusive bargaining representative of all the rank and file employees of Benguet Electric
Cooperative, Inc. (hereinafter referred to as BENECO) at Alapang, La Trinidad, Benguet alleging,
inter alia, that BENECO has in its employ two hundred and fourteen (214) rank and file employees;
that one hundred and ninety-eight (198) or 92.5% of these employees have supported the filing of
the petition; that no certification election has been conducted for the last 12 months; that there is no
existing collective bargaining representative of the rank and file employees sought to represented by
BWLU- ADLO; and, that there is no collective bargaining agreement in the cooperative.
An opposition to the petition was filed by the Beneco Employees Labor Union (hereinafter referred to
as BELU) contending that it was certified as the sole and exclusive bargaining representative of the
subject workers pursuant to an order issued by the med-arbiter on October 20,1980; that pending
resolution by the National Labor Relations Commission are two cases it filed against BENECO
involving bargaining deadlock and unfair labor practice; and, that the pendency of these cases bars
any representation question.
BENECO, on the other hand, filed a motion to dismiss the petition claiming that it is a non-profit
electric cooperative engaged in providing electric services to its members and patron-consumers in
the City of Baguio and Benguet Province; and, that the employees sought to be represented by
BWLU-ADLO are not eligible to form, join or assist labor organizations of their own choosing
because they are members and joint owners of the cooperative.
On September 2, 1985 the med-arbiter issued an order giving due course to the petition for
certification election. However, the med-arbiter limited the election among the rank and file
employees of petitioner who are non-members thereof and without any involvement in the actual
ownership of the cooperative. Based on the evidence during the hearing the med-arbiter found that
there are thirty-seven (37) employees who are not members and without any involvement in the
actual ownership of the cooperative. The dispositive portion of the med-arbiter's order is as follows:
WHEREFORE, premises considered, a certification election should be as it is hereby
ordered to be conducted at the premises of Benguet, Electric Cooperative, Inc., at
Alapang, La Trinidad, Benguet within twenty (20) days from receipt hereof among all
the rank and file employees (non-members/consumers and without any involvement
in the actual ownership of the cooperative) with the following choices:
1. BENECO WORKERS LABOR UNION-ADLO
2. 2. BENECO EMPLOYEES LABOR UNION
3. NO UNION
The payroll for the month of June 1985 shall be the basis in determining the qualified
voters who may participate in the certification election to be conducted.
SO ORDERED. [Rollo, pp. 22-23.]
BELU and BENECO appealed from this order but the same was dismissed for lack of merit on
March 25,1986. Whereupon BENECO filed with this Court a petition for certiorari with prayer for
preliminary injunction and /or restraining order, docketed as G.R. No. 74209, which the Supreme
Court dismissed for lack of merit in a minute resolution dated April 28, 1986.
The ordered certification election was held on October 1, 1986. Prior to the conduct thereof
BENECO's counsel verbally manifested that "the cooperative is protesting that employees who are
members-consumers are being allowed to vote when . . . they are not eligible to be members of any
labor union for purposes of collective bargaining; much less, to vote in this certification election."
[Rollo, p. 28]. Petitioner submitted a certification showing that only four (4) employees are not
members of BENECO and insisted that only these employees are eligible to vote in the certification
election. Canvass of the votes showed that BELU garnered forty-nine (49) of the eighty-three (83)
"valid" votes cast.
Thereafter BENECO formalized its verbal manifestation by filing a Protest. Finding, among others,
that the issue as to whether or not member-consumers who are employees of BENECO could form,
assist or join a labor union has been answered in the affirmative by the Supreme Court in G.R. No.
74209, the med-arbiter dismissed the protest on February 17, 1987. On June 23, 1987, Bureau of
Labor Relations (BLR) director PuraFerrer-Calleja affirmed the med-arbiter's order and certified
BELU as the sole and exclusive bargaining agent of all the rank and file employees of BENECO.
Alleging that the BLR director committed grave abuse of discretion amounting to lack or excess of
jurisdiction BENECO filed the instant petition for certiorari. In his Comment the Solicitor General
agreed with BENECO's stance and prayed that the petition be given due course. In view of this
respondent director herself was required by the Court to file a Comment. On April 19, 1989 the Court
gave due course to the petition and required the parties to submit their respective memoranda.
The main issue in this case is whether or not respondent director committed grave abuse of
discretion in certifying respondent BELU as the sole and exclusive bargaining representtative of the
rank and file employees of BENECO.
Under Article 256 of the Labor Code [Pres. Decree 442] to have a valid certification election, "at least
a majority of all eligible voters in the unit must have cast their votes. The labor union receiving the
majority of the valid votes cast shall be certified as the exclusive bargaining agent of all workers in
the unit." Petitioner BENECO asserts that the certification election held on October 1, 1986 was null
and void since members-employees of petitioner cooperative who are not eligible to form and join a
labor union for purposes of collective bargaining were allowed to vote therein.
Respondent director and private respondent BELU on the other hand submit that members of a
cooperative who are also rank and file employees are eligible to form, assist or join a labor union
[Comment of Respondent Director, p. 4; Rollo, p. 125; Comment of BELU, pp. 9-10; Rollo pp. 99-
100].
3. The Court finds the present petition meritorious.
The issue of whether or not employees of a cooperative are qualified to form or join a labor
organization for purposes of collective bargaining has already been resolved and clarified in the case
of Cooperative Rural Bank of Davao City, Inc. vs. FerrerCalleja, et al. [G.R. No. 7795, September
26,1988] and reiterated in the cases ofBatangas-Electric Cooperative Labor Union v. Young, et
al. [G.R. Nos. 62386, 70880 and 74560 November 9, 1988] and San Jose City Electric Service
Cooperative, Inc. v. Ministry of Labor and Employment, et al. [G.R. No. 77231, May 31, 1989]
wherein the Court had stated that the right to collective bargaining is not available to an employee of
a cooperative who at the same time is a member and co-owner thereof. With respect, however, to
employees who are neither members nor co-owners of the cooperative they are entitled to exercise
the rights to self-organization, collective bargaining and negotiation as mandated by the 1987
Constitution and applicable statutes.
Respondent director argues that to deny the members of petitioner cooperative the right to form,
assist or join a labor union of their own choice for purposes of collective bargaining would amount to
a patent violation of their right to self-organization. She points out that:
Albeit a person assumes a dual capacity as rank and file employee and as member
of a certain cooperative does not militate, as in the instant case, against his/her
exercise of the right to self-organization and to collective bargaining guaranteed by
the Constitution and Labor Code because, while so doing, he/she is acting in his/her
capacity as rank and file employee thereof. It may be added that while the
employees concerned became members of petitioner cooperative, their status
employment as rank and filers who are hired for fixed compensation had not
changed. They still do not actually participate in the management of the cooperative
as said function is entrusted to the Board of Directors and to the elected or appointed
officers thereof. They are not vested with the powers and prerogatives to lay down
and execute managerial policies; to hire, transfer, suspend, lay-off, recall, discharge,
assign or discipline employees; and/or to effectively recommend such managerial
functions [Comment of Respondent Director, p. 4; Rollo, p. 125.]
Private respondent BELU concurs with the above contention of respondent director and, additionally,
claims that since membership in petitioner cooperative is only nominal, the rank and file employees
who are members thereof should not be deprived of their right to self-organization.
The above contentions are untenable. Contrary to respondents' claim, the fact that the members-
employees of petitioner do not participate in the actual management of the cooperative does not
make them eligible to form, assist or join a labor organization for the purpose of collective bargaining
with petitioner. The Court's ruling in the Davao City case that members of cooperative cannot join a
labor union for purposes of collective bargaining was based on the fact that as members of the
cooperative they are co-owners thereof. As such, they cannot invoke the right to collective
bargaining for "certainly an owner cannot bargain with himself or his co-owners." [Cooperative Rural
Bank of Davao City, Inc. v. Ferrer-Calleja, et al., supra]. It is the fact of ownership of the cooperative,
and not involvement in the management thereof, which disqualifies a member from joining any labor
organization within the cooperative. Thus, irrespective of the degree of their participation in the
actual management of the cooperative, all members thereof cannot form, assist or join a labor
organization for the purpose of collective bargaining.
Respondent union further claims that if nominal ownership in a cooperative is "enough to take away
the constitutional protections afforded to labor, then there would be no hindrance for employers to
grant, on a scheme of generous profit sharing, stock bonuses to their employees and thereafter
4. claim that since their employees are not stockholders [of the corporation], albeit in a minimal and
involuntary manner, they are now also co-owners and thus disqualified to form unions." To allow this,
BELU argues, would be "to allow the floodgates of destruction to be opened upon the rights of labor
which the Constitution endeavors to protect and which welfare it promises to promote." [Comment of
BELU, p. 10; Rollo, p. 100].
The above contention of respondent union is based on the erroneous presumption that membership
in a cooperative is the same as ownership of stocks in ordinary corporations. While cooperatives
may exercise some of the rights and privileges given to ordinary corporations provided under
existing laws, such cooperatives enjoy other privileges not granted to the latter [See Sections 4, 5, 6,
and 8, Pres. Decree No. 175; Cooperative Rural Bank of Davao City v. Ferrer-Calleja, supra].
Similarly, members of cooperatives have rights and obligations different from those of stockholders
of ordinary corporations. It was precisely because of the special nature of cooperatives, that the
Court held in the Davao City case that members-employees thereof cannot form or join a labor union
for purposes of collective bargaining. The Court held that:
A cooperative ... is by its nature different from an ordinary business concern being
run either by persons, partnerships, or corporations. Its owners and/or members are
the ones who run and operate the business while the others are its employees. As
above stated, irrespective of the number of shares owned by each member they are
entitled to cast one vote each in deciding upon the affairs of the cooperative. Their
share capital earn limited interest. They enjoy special privileges as-exemption from
income tax and sales taxes, preferential right to supply their products to State
agencies and even exemption from the minimum wage laws.
An employee therefore of such a cooperative who is a member and co-owner thereof
cannot invoke the right to collective bargaining for certainly an owner cannot bargain
with himself or his co-owners.
It is important to note that, in her order dated September 2, 1985, med-arbiter Elnora V. Balleras
made a specific finding that there are only thirty-seven (37) employees of petitioner who are not
members of the cooperative and who are, therefore, the only employees of petitioner cooperative
eligible to form or join a labor union for purposes of collective bargaining [Annex "A" of the Petition,
p. 12; Rollo, p. 22]. However, the minutes of the certification election [Annex "C" of the Petition:
Rollo, p. 28] show that a total of eighty-three (83) employees were allowed to vote and of these,
forty-nine (49) voted for respondent union. Thus, even if We agree with respondent union's
contention that the thirty seven (37) employees who were originally non-members of the cooperative
can still vote in the certification election since they were only "forced and compelled to join the
cooperative on pain of disciplinary action," the certification election held on October 1, 1986 is still
null and void since even those who were already members of the cooperative at the time of the
issuance of the med-arbiter's order, and therefore cannot claim that they were forced to join the
union were allowed to vote in the election.
Article 256 of the Labor Code provides, among others, that:
To have a valid, election, at least a majority of all eligible voters in the unit must have
cast their votes. The labor union receiving the majority of the valid votes cast shall be
certified as the exclusive bargaining agent of all workers in the unit . . . [Italics
supplied.]
In this case it cannot be determined whether or not respondent union was duly elected by the eligible
voters of the bargaining unit since even employees who are ineligible to join a labor union within the
5. cooperative because of their membership therein were allowed to vote in the certification election.
Considering the foregoing, the Court finds that respondent director committed grave abuse of
discretion in certifying respondent union as the sole and exclusive bargaining representative of the
rank and file employees of petitioner cooperative.
WHEREFORE, the petition is hereby GRANTED and the assailed resolution of respondent director
is ANNULLED. The certification election conducted on October 1, 1986, is SET ASIDE. The
Regional Office No. 1 of San Fernando, La Union is hereby directed to immediately conduct new
certification election proceedings among the rank and file employees of the petitioner who are not
members of the cooperative.
SO ORDERED.
Fernan, C.J., Gutierrez, Jr., and Bidin, JJ., concur.
Feliciano, J., on leave.