Trade Unions of the Philippines v. National Housing Corporation
G.R. No. 49677 | May 4, 1989
Organized pursuant to Executive Order No. 399, respondent NHC is a corporation with 100% stocks owned by the Government from its incorporation under Act 1459. On July 13, 1977, petitioner TUPAS filed a petition for the conduct of a certification election with the Department of Labor to determine the exclusive bargaining representative of the workers in NHC. Pursuant to Section 1, Rule II, Book V of the Rules and Regulations Implementing the Labor Code, the petition was dismissed, 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.” When TUPAS appealed to the Bureau of Labor Relations it ordered the holding of a certification election but it was set aside upon reconsideration of respondent NHC.
Whether or not the employees of respondent NHC have the right to self-organization.
Yes. There is 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 Paragraph (5), Section 2, Article IX-B of the Constitution is found in Article 244 of the Labor Code, as amended by Executive Order No. 111, thus: “Right of employees in the public service. Employees of the government corporations established under the Corporation Code shall have the right to organize and to bargain collectively with their respective employers. All other employees in the civil service shall have the right to form associations for purposes not contrary to law.”
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.