This document summarizes three Supreme Court cases regarding labor unions attempting to organize among the employees of electric cooperatives. In all three cases, the Court ruled that while cooperative employees who are not also members are allowed to form unions, the unions in question did not meet the 30% membership threshold required by law in their certification petitions.
This document summarizes three Supreme Court cases regarding labor unions attempting to organize among the employees of electric cooperatives. In all three cases, the Court ruled that while cooperative employees who are not also members are allowed to form unions, the unions in question did not meet the 30% membership threshold required by law in their certification petitions.
This document summarizes three Supreme Court cases regarding labor unions attempting to organize among the employees of electric cooperatives. In all three cases, the Court ruled that while cooperative employees who are not also members are allowed to form unions, the unions in question did not meet the 30% membership threshold required by law in their certification petitions.
BATANGAS-I ELECTRIC COOPERATIVE LABOR UNION VS. BLR
G.R. NO. 70880, NOVEMBER 9, 1988
BATANGAS-II ELECTRIC COOPERATIVE INC. VS. BLR
G.R. NO. 74560, NOVEMBER 9, 1988
ALBAY ELECTRIC COOPERATIVE VS. BLR FACTS: G.R. No. 62386 Batelec I Union filed with Dole a petition for certification election. The Union alleged that it is a legitimate labor organization. Med arbiter ordered the holding of a certification of election. Batelec filed a motion for reconsideration contending that the formation of a union in a cooperative is illegal and invalid , the officers and members of the union being the members. CASE HISTORY: August 20, 1981- Med-arbiter ordered the holding of a certification of election November 27, 1981-
Bureau of Labor Relations revoked the Med-
arbiters order. FACTS: G.R. No. 70880 Federation of Free workers filed with the Dole a petition for certification election. BECO-II contended that the petition does not comply the the 30% jurisdictional requirement considering only 37 employees belonging to the rank and file. CASE HISTORY: October 14, 1982- Chief Med-Arbiter dismissed the holding of a certification election January 16, 1985-
Bureau of Labor Relations affirmed the order of
Med-Arbiter. FACTS: G.R. No. 74560 Federation of Free Workers ALECO I Chapter filed a petition for certification of election. ALECO I filed its position seeking the dismissal of the petition on the alleged that 30% written consent requirement has not complied with. CASE HISTORY: February 26, 1986- Med-Arbiter finding there was compliance with the 30% subscription requirement issued an order calling for a certification election. May 15, 1986-
Director of the Bureau of Labor Relations
dismissed the Alecos appeal. ISSUE: Are the employees of electric cooperative qualified to form or assist labor organization for purposes of collective bargaining? LAWS: Article 243 and 258 of the Labor Code RULING: G.R. No. 62386 There is sufficient evidence showing that all those who supported the petition were such members. Petitioner UNION admitted in its petition that its officers and members are also members consumers of the cooperative. Such being the case, the employees belonging to petitioner UNION are not qualified to form a labor organization and bargain collectively. G.R. No. 70880 No clear evidence was adduced by petitioner to prove that 28 of its employees are managerial employees. However 24 employees are members of the cooperative . Assuming all of them are to be deducted from the 73 employees, there still remain 49, a sufficient compliance with the 30% jurisdictional requirement. G.R. No. 74560 Petitioner ALECO I has 141 rank and file employees, hence, there are 90 rank and file employees, non-members of the cooperative who may validly form, join or assist labor organization for purposes of collective bargaining. Only the 12 rank and file employees who were qualified to form, join, or assist labor organization for purposes of collective bargaining signed the petition which is a number of the 30 % jurisdictional requirement. OPINION: The Supreme Court ruling was correct because employees of a cooperative who are not members are entitled to exercise the right of all workers to form, join or assist labor organization for purposes of collective bargaining. However this is subject to the compliance with the 30% jurisdictional requirement.