Bitonio Self-organization is a fundamental right guaranteed by the Constitution and
G.R. No. 131235. November 16, 1999 the Labor Code. Corollary to this right is the prerogative not to join, affiliate with or assist a labor union. Therefore, to become a union member, an FACTS: employee must not only signify the intent to become one, but also take some positive steps to realize that intent. The procedure for union Private respondent Marinio et al were duly elected officers of UST faculty. membership is usually embodied in the unions CBL. An employee who The union has a 5-year CBA with its employer and is set to expire on May 31, becomes a union member acquires the rights and he concomitant 1998. On October 5, 1996 various UST club presidents requested a general obligations that go with the new status and becomes bound by the unions faculty assembly thus union and non-union faculty members convened. New rules and regulations. set of officers were elected, violative of the CBL and that the GA was held with non-union members present. Union officers were served with a notice 1. NO. Petitioners contend that the October 4, 1996 assembly to vacate the union office, and CBA was ratified by an overwhelming "suspended" the union's CBL. They aver that the suspension and the majority. Med-Arbiter declared the election violative of the CBL while BLR election that followed were in accordance with their "constituent director Bitonio upheld the decision with a ruling that the CBL which and residual powers as members of the collective bargaining unit to constituted the covenant between the union and its members could not be choose their representatives for purposes of collective bargaining." suspended during the general assembly of all faculty members, since it ha Again they cite the numerous anomalies allegedly committed by the not been authorized by the union. respondents Marinoas UNION officers. This argument does not persuade. ISSUE: o First, the general faculty assembly was not the proper forum to conduct the election of UNION officers. Not all who 1. Whether the Collective Bargaining Unit of all the faculty attended the assembly were members of the union some, members in that General Faculty Assembly had the right in that apparently, were even disqualified from becoming union General Faculty Assembly to suspend the provisions of the CBL members, since they represented management. of the UNION regarding the elections of officers of the union? o Second, the grievances of the petitioners could have been NO brought up and resolved in accordance with the procedure 2. Whether the suspension of the provisions of the CBL of the laid down by the union's CBL and by the Labor Code. They UNION in that General Faculty Assembly is valid pursuant to the contend that their sense of desperation and helplessness constitutional right of the Collective Bargaining Unit to engage in led to the October 4, 1996 election. However, we cannot "peaceful concerted activities" for the purpose of ousting the agree with the method they used to rectify years of inaction corrupt regime of the private respondent? NO on their part and thereby ease bottled-up frustrations, as 3. Whether the overwhelming ratification of the Collective such method was in total disregard of the UNION's CBL and Bargaining Agreement executed by the petitioners in behalf of of due process. The end never justifies the means. In both the UNION with the UST has rendered moot and academic the elections, there are procedures to be followed. Thus, the issue as to the validity of the suspension of the CBL and the October 4, 1996 election cannot properly be called elections of October 4, 1996 in the General Faculty Assembly? a union election, because the procedure laid down in the NO USTFUs CBL for the election of officers was not followed. It could not have been a certification election either, because HELD: representation was not the issue, and the proper procedure for such election was not followed. The participation of non- union members in the election aggravated its irregularity. safeguards to ensure integrity of the voting, and the 2. NO. We agree with the finding of Director Bitonio and Med-Arbiter absence of the notice of the dates of balloting. Falconitin that the October 4, 1996 election was tainted with irregularities because of the following reasons. 3. NO. The ratification of the new CBA executed between the o First, the October 4, 1996 assembly was not called by the petitioners and the University of Santo Tomas management did not UNION. It was merely a convocation of faculty clubs, as validate the void October 4, 1996 election. Ratified were the terms indicated in the memorandum sent to all faculty members of the new CBA, not the issue of union leadership -- a matter that by Fr. Rodel Aligan, OP, the secretary general of the should be decided only by union members in the proper forum at University of Santo Tomas. It was not convened in the proper time and after observance of proper procedures. accordance with the provision on general membership meetings as found in the UNION's CBL, which reads: There is a right way to do the right thing at the right time for the right "ARTICLE VIII-MEETINGS OF THE UNION "Section 1. The reasons,[1] and in the present case, in the right forum by the right parties. Union shall hold regular general membership meetings at While grievances against union leaders constitute legitimate complaints least once every three (3) months. Notices of the meeting deserving appropriate redress, action thereon should be made in the proper shall be sent out by the Secretary-General at least ten (10) forum at the proper time and after observance of proper procedures. days prior to such meetings by posting in conspicuous Similarly, the election of union officers should be conducted in accordance places, preferably inside Company premises, said notices. with the provisions of the unions constitution and bylaws, as well as the The date, time and place for the meetings shall be Philippine Constitution and the Labor Code. Specifically, while all legitimate determined by the Board of Officers." faculty members of the University of Santo Tomas (UST) belonging to a o Unquestionably, the assembly was not a union meeting. It collective bargaining unit may take part in a duly convened certification was in fact a gathering that was called and participated in by election, only bona fide members of the UST Faculty Union (USTFU) may management and non-union members. By no legal fiat was participate and vote in a legally called election for union officers. Mob such assembly transformed into a union activity by the hysteria, however well-intentioned, is not a substitute for the rule of law. participation of some union members. WHEREFORE, the Petition is hereby DISMISSED and the assailed Resolutions o Second, there was no commission on elections to oversee AFFIRMED. the election, as mandated by Sections 1 and 2 of Article IX of the UNION's CBL. Notes: o Third, the purported election was not done by secret Union Election vs. Certification Election balloting, in violation of Section 6, Article IX of the UNION's A union election is held pursuant to the unions constitution and CBL, as well as Article 241 (c) of the Labor Code. bylaws, and the right to vote in it is enjoyed only by union members. o The foregoing infirmities considered, we cannot attribute A union election should be distinguished from a certification grave abuse of discretion to Director Bitonio's finding and election, which is the process of determining, through secret ballot, conclusion. In Rodriguez v. Director, Bureau of Labor the sole and exclusive bargaining agent of the employees in the Relations, we invalidated the local union elections held at appropriate bargaining unit, for purposes of collective bargaining. the wrong date without prior notice to members and Specifically, the purpose of a certification election is to ascertain conducted without regard for duly prescribed ground rules. whether or not a majority of the employees wish to be represented We held that the proceedings were rendered void by the by a labor organization and, in the affirmative case, by which lack of due process -- undue haste, lack of adequate particular labor organization. In a certification election, all employees belonging to the appropriate bargaining unit can vote. Therefore, a union member who likewise belongs to the appropriate bargaining unit is entitled to vote in said election. However, the reverse is not always true; an employee belonging to the appropriate bargaining unit but who is not a member of the union cannot vote in the union election, unless otherwise authorized by the constitution and bylaws of the union. Verily, union affairs and elections cannot be decided in a non-union activity.
Stewart-Warner Corp. v. National Labor Relations Board. Local 1031, International Brotherhood of Electrical Workers, A. F. of L. v. National Labor Relations Board, 194 F.2d 207, 4th Cir. (1952)