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Alexander Reyes, Alberto Nera, Edgardo Geca, and 138 others, v.

Cresenciano Trajano, as Officer-in-charge, Bureau of


Labor Relations, Med-Arbiter Paterno Adap, and Tri-Unino Employees Union, et. al.
Narvasa, C.J. June 2, 1992 G.R. No. 84433
The right to self-organization includes the right to form or join a union. Logically, the right NOT to join, affiliate
Doctrine with, or assist any union, and to disaffiliate or resign from a labor organization, is subsumed in the right to join, affiliate
with, or assist any union, and to maintain membership therein.
141 petitioners, who were also members of INK (Iglesia ni Kristo)1 were assailing the respondent officers' (of Bureau of
Labor Relations) denial of their right to vote at a certification election because they are not members of any union and
Summary refused to participate in the previous certification elections. The Court granted petitioners' appeal for the reason that just
as no one should be denied the exercise of a right granted by law, so also, no one should be compelled to exercise such a
conferred right. (See doctrine.)
 October 20, 1987: The Bureau of Labor Relations conducted a certification election among employees of Tri-Union
Industries Corporation, at which two (2) labor organizations2 were contesting the right to be exclusive representative
of the employees in the bargaining unit.
 The ballots provided for three choices: (1) TUPAS, (2) TUE-OLALIA, and (3) NO UNION.
Facts  141 INK members out of 239 employees voted for "NO UNION." However, their votes were excluded because they
are not members of any union and refused to participate in the previous certification elections
 INK MEMBERS: It was not fair and the result thereof did not reflect the true sentiments of the majority of the
employees. The decision of the Med-Arbiter "practically disenfranchised petitioners who had an overwhelming
majority (more than 51% of all eligible voters)."
DEFINITION OF THE RIGHT TO SELF-ORGANIZATION: The right to self-organization includes the right to
organize or affiliate with a labor union r determine which of two or more unions in an establishment to join, and to
engage in concerted activities with co-workers for purposes of collective bargaining through representatives of their
own choosing, or for their mutual aid and protection, ie., the protection, promotion or enhancement of their rights and
interests.
I. WON denial of Med-Arbiter and Officer-in-Charge (now Asst. Labor Secretary) of INK Members' right
to vote is correct. (NO)
 Article 243 (now 249) of the Labor Code: "...shall have the right to self-organization and to form, join, or
assist labor organizations of their own choosing for purposes of collective bargaining." The same is
expressed in Section 1, Rule II (Registration of Unions), Book V (Labor Relations) of the Omnibus Rules.
 Article 248 (now 254) of LC declares it to be an unfair labor practice for an employer, among others, to
"interfere with, restrain or coerce employees in the exercise of their right to self-organization."
 Similarly, Article 249 (now 255) of LC makes it an unfair labor practice for a labor organization to "restrain
Issues / or coerce employees in the exercise of their rights to self-organization."
Ratio  SEE DOCTRINE.
 Section 8, Rule VI, Book V of the Omnibus Rules provides that: "..The voter must write a cross (x) or a
check (√) in the square opposite the union of his choice. If only one union is involved, the voter shall make
his cross or check in the square indicating 'YES' or 'NO.'
 The second sentence indicates that there is a clear acknowledgment of the alternative possibility that the
"NO" votes may outnumber the "YES" votes - indicating that the majority of the employees in the
company do not wish to be represented by any union - in which case, no union can represent the
employees in collective bargaining.

II. WON only employees who are members of the Union have the right to vote. (NO)
 The purpose of the certification election is precisely the ascertainment of the wishes of the MAJORITY of
the employees in the appropriate bargaining unit.
 Neither law, administrative rule nor jurisdiction requires that only employees affiliated with any labor
organization may take part in a certification election. The right to vote is granted to all bona fide employees
in the bargaining unit, whether they are members of a labor organization or not.
Petition for certiorari is GRANTED. Decision of respondent Officer-in-Charge is ANNULLED and SET ASIDE.
Ruling
Petitioners are DECLARED to have legally exercised their right to vote.
Prepared by: KM Liberato ( Labor2 / Daway )

1
Relevant because their religion does not allow them to form part of any union or organization.
2
Tri-Union Employees Union-Organized Labor Association in Line Industries and Agriculture (TUEU-OLALIA), and Trade Union of the Philippines and Allied
Services (TUPAS)