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    Kapatiran Sa Meat and Canning Division v. Ferrer-Calleja

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    Anonymous 5MiN6I78I0
    This case discusses a certification election petition filed by the NEW ULO union, composed mostly of Iglesia Ni Cristo (INC) members, to determine the majority representative of workers at the Meat and Canning Division of Universal Robina Corporation. The incumbent union, TUPAS, argued the petition should be dismissed since INC members previously refused to join unions. However, the Supreme Court upheld the certification election order, finding that while INC members cannot be forced to join unions, they are not prohibited from forming their own union. A certification election is the appropriate process for workers to freely choose their representative.

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    Kapatiran Sa Meat and Canning Division v. Ferrer-Calleja

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    Anonymous 5MiN6I78I0
    958 views1 page
    This case discusses a certification election petition filed by the NEW ULO union, composed mostly of Iglesia Ni Cristo (INC) members, to determine the majority representative of workers at the Meat and Canning Division of Universal Robina Corporation. The incumbent union, TUPAS, argued the petition should be dismissed since INC members previously refused to join unions. However, the Supreme Court upheld the certification election order, finding that while INC members cannot be forced to join unions, they are not prohibited from forming their own union. A certification election is the appropriate process for workers to freely choose their representative.

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    LABOR LAW

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    This case discusses a certification election petition filed by the NEW ULO union, composed mostly of Iglesia Ni Cristo (INC) members, to determine the majority representative of workers at the Meat and Canning Division of Universal Robina Corporation. The incumbent union, TUPAS, argued the petition should be dismissed since INC members previously refused to join unions. However, the Supreme Court upheld the certification election order, finding that while INC members cannot be forced to join unions, they are not prohibited from forming their own union. A certification election is the appropriate process for workers to freely choose their representative.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    958 views1 page

    Kapatiran Sa Meat and Canning Division v. Ferrer-Calleja

    Uploaded by

    Anonymous 5MiN6I78I0
    This case discusses a certification election petition filed by the NEW ULO union, composed mostly of Iglesia Ni Cristo (INC) members, to determine the majority representative of workers at the Meat and Canning Division of Universal Robina Corporation. The incumbent union, TUPAS, argued the petition should be dismissed since INC members previously refused to join unions. However, the Supreme Court upheld the certification election order, finding that while INC members cannot be forced to join unions, they are not prohibited from forming their own union. A certification election is the appropriate process for workers to freely choose their representative.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    20 Kapatiran sa Meat and Canning Division v.

    Ferrer- AUTHOR: LIN


    Calleja Notes:
    G.R. No. 82914 June 20, 1988
    TOPIC:
    PONENTE: GRIÑO-AQUINO, J.:
    CASE LAW/ DOCTRINE: A certification election is the best forum in ascertaining the majority status of the
    contending unions wherein the workers themselves can freely choose their bargaining representative thru
    secret ballot. INC members not prohibited from joining/forming, not joining a union.
    EMERGENCY RECIT: NEW ULO (INC sect) registered as labor union, filed for PCE. TUPAS moved to dismiss the
    petition for being defective in form and that the members of the NEW ULO were mostly members of the INC
    sect which 3 years previous refused to affiliate with any labor union. SC: MED-ARB & BLR DIRECTOR CORRECT,
    the right of members of the IGLESIA NI KRISTO sect not to join a labor union for being contrary to their religious
    beliefs, does not bar the members of that sect from forming their own union.
    FACTS:
     From 1984 to 1987 TUPAS was the sole and exclusive collective bargaining representative of the workers
    in the Meat and Canning Division of the Universal Robina Corporation, with a 3-year CBA to expire on
    November 15, 1987.
     Within the freedom period of 60 days prior to the expiration of its CBA, TUPAS filed an amended notice
    of strike on September 28, 1987 as a means of pressuring the company to extend, renew, or negotiate a
    new CBA with it.
     On October 8, 1987, the NEW ULO, composed mostly of workers belonging to the IGLESIA NI KRISTO
    (INC) sect, registered as a labor union.
     On October 12, 1987, the TUPAS staged a strike. ROBINA obtained an injunction against the strike,
    resulting in an agreement to return to work and for the parties to negotiate a new CBA.
     The next day, NEW ULO, claiming that it has "the majority of the daily wage rank and file employees
    numbering 191," filed a petition for a certification election (PCE)
     TUPAS moved to dismiss the petition for being defective in form and that the members of the NEW ULO
    were mostly members of the INC sect which 3 years previous refused to affiliate with any labor union
     Med-Arbiter ordered the holding of a CE within 20 days. TUPAS appealed to BLR.
     In the meantime, TUPAS was able to negotiate a new 3-year CBA with ROBINA, which was signed on
    December 3, 1987 and to expire on November 15, 1990.
     1988, BLR Director Calleja dismissed the appeal
    ISSUE(S):
    Whether public respondent BLR Director Calleja acted in excess of her jurisdiction and with grave abuse of
    discretion in affirming the Med-Arbiter's order for a certification election?

    HELD: NO, in Victoriano vs. Elizalde Rope Workers' Union, the right of members of the IGLESIA NI KRISTO sect not
    to join a labor union for being contrary to their religious beliefs, does not bar the members of that sect from
    forming their own union. The public respondent correctly observed that the "recognition of the tenets of the
    sect ... should not infringe on the basic right of self-organization granted by the constitution to workers,
    regardless of religious affiliation."

    The fact that TUPAS was able to negotiate a new CBA with ROBINA within the 60-day freedom period of the
    existing CBA, does not foreclose the right of the rival union, NEW ULO, to challenge TUPAS' claim to majority
    status, by filing a timely PCE. A certification election is the best forum in ascertaining the majority status of the
    contending unions wherein the workers themselves can freely choose their bargaining representative thru
    secret ballot.

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