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I.

Subject: MBA 123 - Management & Industrial Relations


II. Week Number: 3
III. Name:
IV. E-mail:
V. Course: MBA
VI. RESPONSE PROPER:
1. Discuss briefly the importance and significance of a labor union in the

Philippines.
a. UST Faculty Union v. Bitonio, Jr. 318 SCRA 185;
b. Standard Chartered v. Confesor, 432 SCRA 308;
c. Tropical Hut Employees Union-CGW v. Tropical Hut Food Market,

181 SCRA 173;


d. Barbizon Philippines v. Nagkakaisang Supervisor ng Barbizon,

261 SCRA 738; and


e. Victoriano v. Elizalde Rope Workers Union, 59 SCRA 54.

2. What are the advantages and disadvantages of having a labor union in

a company?
a. UST Faculty Union v. Bitonio, Jr. 318 SCRA 185
i. It is incorrect to say that self-organization is limited in

purpose to collective bargaining agreement. Self-

organization is a fundamental right guaranteed by the

Philippine Constitution and the Labor Code. Employees

have the right to form, join or assist labor organizations

for the purpose of collective bargaining or for their mutual

aid and protection. Workers' organizations shall have the

right to draw up their constitution and rules and to elect

their representatives in full freedom, free from any

interference from public authorities


b. Standard Chartered v. Confesor, 432 SCRA 308
i. It is incorrect to say that ambulant, intermittent and

itinerant workers, self-employed people, rural workers

and those without any definite employers [who may form


labor organizations for their mutual aid and protection]

do not have the right to self-organization. They too are

covered by the injunction that It shall be unlawful for

any person to restrain, coerce, discriminate against or

unduly interfere with (said) employees in their exercise of

the right to self-organization. (at least on concerted

activities). Workers and employers, without distinction

whatsoever, shall have the right to establish and, subject

only to the rules of the organization concerned, to job

organizations of their own choosing without previous

authorization
c. Tropical Hut Employees Union-CGW v. Tropical Hut Food

Market, 181 SCRA 173


i. The disaffiliation of the local union from the national

federation valid. The right of a local union to disaffiliate

from its mother federation is well-settled. A local union,

being a separate and voluntary association, is free to

serve the interest of all its members including the

freedom to disaffiliate when circumstances warrant. This

right is consistent with the constitutional guarantee of

freedom of association.
d. Barbizon Philippines v. Nagkakaisang Supervisor ng

Barbizon, 261 SCRA 738


i. The receipt by the excluded employees of certain benefits

under the existing Collective Bargaining Agreement does


not bar them from forming their own labor organization

and from participating in the certification election.


e. Victoriano v. Elizalde Rope Workers Union, 59 SCRA 54
i. RA 3350 impairs the right to form association. Members

of religious sects cannot be compelled or coerced to join

labor unions even when said unions have closed shop

agreements with the employers; that in spite of any

closed shop agreement, members of religious sects

cannot be refused employment or dismissed from their

jobs on the sole ground that they are not members of the

collective bargaining union.


3. If you were an employee in an establishment, would you choose to join

or refuse to join a labor union? Explain.


Pluralistic perspective the cases given always had the

two predominant subgroups existing even before the conflict.

Each group and individual has their own objective that may

potentially cause exceptions to the rules on other provisions of

law.
4. What factor(s) will you consider in joining a union? What factor(s) will

convince you not to continue with your membership in a union?


Pluralistic perspective the cases given always had the

two predominant subgroups existing even before the conflict.

Each group and individual has their own objective that may

potentially cause exceptions to the rules on other provisions of

law.
5. Research for one (1) existing labor union in the Philippines, preferably

in the National Capital Region, inquire for its brief historical


background, purposes of formation, constitution and by-laws (if

possible), and the industry of their members.


Pluralistic perspective the cases given always had the

two predominant subgroups existing even before the conflict.

Each group and individual has their own objective that may

potentially cause exceptions to the rules on other provisions of

law.
VII. References (Books, Magazines, Internet - Indicate URL)
1. http://sc.judiciary.gov.ph/jurisprudence/1999/nov99/131235.htm
2. http://sc.judiciary.gov.ph/jurisprudence/2004/jun2004/114974.htm
3. http://www.lawphil.net/judjuris/juri1993/jul1993/gr_100898_1993.ht

ml
4. http://sc.judiciary.gov.ph/jurisprudence/1996/sept1996/113204.htm
5. http://www.lawphil.net/judjuris/juri1974/sep1974/gr_l_25246_1974.h

tml