Article III Section 8 Right to form associations 1. United Pepsi Cola Supervisory Union v.

Laguesma The issue is whether or not Art. 245 of the Labor Code insofar as it prohibits managerial employees from forming, joining, or assisting labor unions violates Section 8. The constitutional guarantee is subject to the condition that its exercise should be for purposes not contrary to law. There is a rational basis for Art 245. All these employees are confidential employees and by the very nature of their functions, they assist and act in a confidential capacity to, or have access to confidential matters, of persons who exercise managerial functions in the field of labor relations. If they would be affiliated with a union, the latter would not be assured of their loyalty in view of evident conflict of interests. 2. TUCP v. NHC 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, it being a GOCC without original charter. 3. SSS Employees v. Court of Appeals The issue is whether or not the SSS employees have the right to strike. By reason of the nature of public employer and the peculiar character of the public service, it must necessarily regard the right to strike given to unions in private industry as not applying to public employees and civil service employees. The government, in contrast to a private employer, protects the interest of all people in the public service and that accordingly such conflicting interests as are present in private labor relations could not exist in the relations between government and those whom they employ. 4. Manila Public School Teachers v. Laguio, Jr. The doctrine laid down in SSS Employees v. CA was applied to the strike of public school teachers of Manila. Government workers cannot use the same weapons employed by workers in the private sector to secure concessions from their employers. The terms and conditions of employment are effected through statutes and administrative rules and regulations not through collective bargaining agreements. Subversive Organizations (refer to case book)


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