Reyes v. Trajano
Reyes v. Trajano
Reyes v. Trajano
FACTS:
The certification election was authorized to be conducted by the Bureau of
Labor Relations on Oct 20, 1987.
The “CHALLENGED” votes of 141 INK members were segregated and
excluded from the final count in virtue of an agreement between the
competing unions, reached at the pre-election conference, that the INK
members should not be allowed to vote "because they are not members of
any union and refused to participate in the previous certification elections.
INK members filed a petition to cancel the election alleging that it "was not
fair" and the result thereof did "not reflect the true sentiments of the
majority of the employees. TUEU-OLALIA opposed the petition. It contended
that the petitioners" do not have legal personality to protest the results of
the election," because "they are not members of either contending unit, but
of the INK" which prohibits its followers, on religious grounds, from joining
or forming any labor organization.
The Med-Arbiter saw no merit in the INK employees’ petition. By Order
dated December 21, 1987, he certified the TUEU-OLALlA as the sole and
exclusive bargaining agent of the rank-and-file employees. In that Order he
decried the fact that "religious belief was (being) utilized to render
meaningless the rights of the non-members of the Iglesia ni Kristo to
exercise the rights to be represented by a labor organization as the
bargaining agent," and declared the petitioners as "not possessed of any
legal personality to institute this present cause of action" since they were not
parties to the petition for certification election.
INK members appealed to Bureau of Labor Relations. Bureau of Labor
Relations sustained the decision of Med-Arbiter. Hence, this case.
ISSUE:
Whether or not the INK members have the right to vote in the certification
election?
HELD:
YES. The INK members have the right to vote in the certification election (for
labor union).
Guaranteed to all employees or workers is the "right to self-organization and
to form, join, or assist labor organizations of their own choosing for purposes
of collective bargaining.
Art 243 of Labor Code provides, All persons employed in commercial,
industrial and agricultural enterprises and in religious, charitable, medical, or
educational institutions whether operating for profit or not, shall have the
right to self organization and to form, join, or assist labor organizations of
their own choosing for purposes of collective bargaining. Ambulant,
intermittent and itinerant workers, self-employed people, rural workers and
those without any definite employers may form labor organizations for their
mutual aid and protection.