BENECO vs.

Ferrer-Calleja
Facts:
BENECO Workers Labor Union (BWLU-ADU) filed a petition for
certification election BENECO Electric Cooperative Labor Union (BELU)
opposed contending that it was the sole bargaining unit of BENECO. BENECO
also opposed contending that some of the employees sought to be
represented are also members of the cooperative, thus, not eligible to form
or join a union. The med-arbiter pushed through with the election but it will
be limited only to employees of the cooperative who are not members. The
choices on the election were: BWLU-ADU, BELU or no union. BELU won.
BENECO filed a protest before the Bureau of Labor Relations contending that
some employees who are also members of the cooperative were allowed to
vote. Hence, this petition.
Issue:
WON, employees who are also members of the cooperative can join,
assist or form a union.
Held:
No, an employee who is also a member of the cooperative is not
eligible to join or form a labor union. It is absurd that an owner is bargaining
with himself. Wherefore, petition is granted and the assailed resolution
annulled. A new certification election is ordered to be conducted immediately
to rank and file employees who are non-members of the cooperative. So
ordered.