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    18 - Trade Unions of The PH Vs NHC

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    Gia Dimayuga
    The Trade Unions of the Philippines and Allied Service filed a petition to determine the exclusive bargaining representative of workers at the National Housing Corporation through a certification election. The petition was initially dismissed because the National Housing Corporation, as a government-owned corporation, prohibited its employees from joining unions. However, the Bureau of Labor Relations later ordered that a certification election be held. This order was set aside. The Supreme Court then ruled that the workers of the National Housing Corporation do have the right to form unions, as both government and private sector employees are granted this right. The court found no impediment to holding a certification election for the National Housing Corporation's workers.

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    18 - Trade Unions of The PH Vs NHC

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    Gia Dimayuga
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    The Trade Unions of the Philippines and Allied Service filed a petition to determine the exclusive bargaining representative of workers at the National Housing Corporation through a certification election. The petition was initially dismissed because the National Housing Corporation, as a government-owned corporation, prohibited its employees from joining unions. However, the Bureau of Labor Relations later ordered that a certification election be held. This order was set aside. The Supreme Court then ruled that the workers of the National Housing Corporation do have the right to form unions, as both government and private sector employees are granted this right. The court found no impediment to holding a certification election for the National Housing Corporation's workers.

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    18 -- Trade Unions of the PH vs NHC

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    The Trade Unions of the Philippines and Allied Service filed a petition to determine the exclusive bargaining representative of workers at the National Housing Corporation through a certification election. The petition was initially dismissed because the National Housing Corporation, as a government-owned corporation, prohibited its employees from joining unions. However, the Bureau of Labor Relations later ordered that a certification election be held. This order was set aside. The Supreme Court then ruled that the workers of the National Housing Corporation do have the right to form unions, as both government and private sector employees are granted this right. The court found no impediment to holding a certification election for the National Housing Corporation's workers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    384 views2 pages

    18 - Trade Unions of The PH Vs NHC

    Uploaded by

    Gia Dimayuga
    The Trade Unions of the Philippines and Allied Service filed a petition to determine the exclusive bargaining representative of workers at the National Housing Corporation through a certification election. The petition was initially dismissed because the National Housing Corporation, as a government-owned corporation, prohibited its employees from joining unions. However, the Bureau of Labor Relations later ordered that a certification election be held. This order was set aside. The Supreme Court then ruled that the workers of the National Housing Corporation do have the right to form unions, as both government and private sector employees are granted this right. The court found no impediment to holding a certification election for the National Housing Corporation's workers.

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    © All Rights Reserved
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    18) Trade Unions of the Philippines and Allied Service vs National Housing Corporation

    GR No, L-49677, May 04, 1989

    Facts:
    On July 13, 1977, TUPAS filed a petition for the conduct of a certification election with
    Regional Office No. IV of the Department of Labor in order to determine the exclusive
    bargaining representative of the workers in NHC. It was claimed that its members
    comprised the majority of the employees of the corporation. The petition was dismissed
    by med-arbiter Eusebio M. Jimenez in an order, dated November 7, 1977, holding that
    NHC "being a government-owned and/or controlled corporation its
    employees/workers are prohibited to form, join or assist any labor organization
    for purposes of collective bargaining pursuant to Section 1, Rule II, Book V of the
    Rules and Regulations Implementing the Labor Code.

    The respondent, petitioners’ employer-corporation, National Housing Corporation is a


    corporation organized in 1959 in accordance with Executive Order No. 399, otherwise
    known as the Uniform Charter of Government Corporations. Its shares of stock are and
    have been 100% owned by the Government from its incorporation under Act 459, the
    former corporation law.

    TUPAS appealed to the Bureau of Labor Relations such order of dismissal. Director
    Carmelo C. Noriel reversed the order of dismissal and ordered the holding of a
    certification election. 5 This order was, however, set aside by Officer-in-Charge Virgilio
    S.J. Sy in his resolution of November 21, 19786 upon a motion for reconsideration of
    respondent NHC.

    Issue: W/N certification election1 may be conducted among the NHC employees (as a
    consequent to the issue w/n the NHC employees have the right to form, join or assist
    any labor organization for purposes of collective bargaining)

    Ruling:
    Yes, the workers or employees of NHC undoubtedly have the right to form unions or
    employees' organizations. The right to unionize or to form organizations is now explicitly
    recognized and granted to employees in both the governmental and the private sectors.

    The Civil Service Commission does not cover or include government-owned or


    controlled corporations, which are organized as subsidiaries of government-owned or
    controlled corporations under the general corporation law. The workers or employees of
    NHC have the right to form union or employees’ organizations. The right to unionize or

    1
    Certification election is a process of determining through secret ballot the
    sole and exclusive bargaining agent (SEBA) of all the employees in an
    appropriate bargaining unit for the purpose of collective bargaining.
    to form organizations is now explicitly recognized and granted to employees in both the
    governmental and the private sectors. There is, therefore, no impediment to the holding
    of a certification election among the workers of NHC for it is clear that they are covered
    by the Labor Code, the NHC being a government-owned and/or controlled corporation
    without an original charter. Statutory implementation of the last cited section of the
    Constitution is found in Article 244 of the Labor Code, as amended by Executive Order
    No. 111,

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