Professional Documents
Culture Documents
United Employees Union of Gelmart Industries Philippines (UEUGIP) vs. Noriel (1975)
United Employees Union of Gelmart Industries Philippines (UEUGIP) vs. Noriel (1975)
(Manila
Philippines (UEUGIP) vs. Noriel (1975) Diamond Hotel) vs. Manila Diamond Hotel Employees
Union (2006)
- ISSUE: W/N the participation of nuns and priests in a - ISSUE: W/N The respondent union is the exclusive
certification election contest is a valid ground for representative of the majority of the employees of
invalidating the electionNO petitioner, hence, it could not demand from petitioner
the right to bargain collectively in their behalf NO
a general allegation of duress is not sufficient to Article 255 of the Labor Code provides:
invalidate a certification election; it must be shown by
competent and credible proof ART. 255. EXCLUSIVE BARGAINING REPRESENTATION
As to the ground of protest based on the alleged AND WORKERS' PARTICIPATION IN POLICY AND
participation by nuns and a priest who presumably aided DECISION-MAKING
the cause of private respondent. Petitioner did not choose
to press this point. The labor organization designated or selected by the majority of
Victoriano vs. Elizalde Rope Workers' Union this Court, the employees in an appropriate collective bargaining unit shall be
through Justice Zaldivar, left no doubt as to the primacy of the exclusive representative of the employees in such unit for the
religious freedom, to which contractual rights, even on purpose of collective bargaining. However, an individual
labor matters, must yield, thus removing any taint of employee or group of employees shall have the right at any time
nullity from the amendment to the Industrial Peace Act, to present grievances to their employer.
which would allow exemption from a closed shop on the
part of employees, members of a given religious sect Any provision of law to the contrary notwithstanding, workers
prohibiting its devotees from affiliating with any labor shall have the right, subject to such rules and regulations as the
organization. Secretary of Labor and Employment may promulgate, to
Basa vs. Federacion Obrera de la Industria Tabaquera,[27: participate in policy and decision-making process of the
one's religious convictions may be the basis for an establishment where they are employed insofar as said processes
employee joining or refusing to join a labor union. will directly affect their rights, benefits and welfare. For this
the wide latitude accorded religious groups in the purpose, workers and employers may form labor-management
exercise of their constitutional freedom would caution councils: Provided, That the representatives of the workers in
against reliance on such a ground to invalidate a such labor management councils shall be elected by at least the
certification election. majority of all employees in said establishment.
D. CERTIFICATION OF DESIGNATED MAJORITY UNION only the labor organization designated or selected by
the majority of the employees in an appropriate
collective bargaining unit is
the exclusive representative of the employees in such
unit for the purpose of collective bargaining.