1.

Participate in policy and decision-making processes

affecting their rights, interest, and benefits.

- This right boils down to a matter of courtesy between labor and

management.

- These right demands that the employer should notify the employees
through their labor organization of whatever policies which affects the
rights and interest of the workers.

- This does not include, however, matters of operation. In such cases, the
management does not have to consult the union.

- Examples of these are:

- Policies on discipline of workers
- Decision to terminate employee on accounts of misconduct or
violation

- Should be distinguished with the policy-decision of management which

solely pertains to the technical business operation which is not included
in the right.

- Examples:
- decision of adopting a particular system of production
- decision to install a particular type of machinery
- other business decisions which are very technical in nature

- The constitution states that the right to participate given to workers is

limited to those which in fact directly affect their right and interest.

- Thus, if the employer would like to revise a policy involving discipline of

employees, an order to incorporate new rules and instructions with
penalties should be undertaken with due notice and participation of the
workers. They should all together sit down at the negating table and
tackle each item of revision.

- However, it is inconsequential if workers and unions will agree or not to

the proposals of management, the management may still impose its
decision.

- SC explains right to participate as simply the right to be afforded

courtesy by management in line with the goal of promoting smooth labor
management relation.
- Meralco vs Quisumbing- the right to participate in policy and decision-
making processes does not give the labor the right to co-manage the
business since it is solely management prerogative. However, failure on
the part of the employer to allow the employers to participate will render
null and void any decision or policy adopted.

- It is incumbent upon the employers to give notice to the employer or the

union representing them to allow them to participate.

- Participation of workers is optional, however, if they participate, and

there is clash between the desire of the workers and the policy proposed
by the management, the decision of the management will prevail because
right to participate is only a matter of courtesy to employee.

- The effect of failure by the employer to observe such right, the rules
promulgated will be considered as ineffective insofar as the workers are
considered. Employees cannot be held liable if they committed such
violation.