Facts
NHC was organized in 1959 in accordance with E.O 399 dated 1
January 1951.
The stocks of are 100% owned by the government since its
incorporation by way of Act 459 and divided among GSIS, SSS, DBP,
Peoples Homesite and Housing Corporation as well as
TUPAS is a legitimate labor organization with a chapter in NHC.
TUPAS filed a petition to Regional Office no. 4 of the Dept. of Labor
to conduct a certificate election
Med-arbiter Eusebio M. Jimenez dismissed the petitionn in an order
dated 7 November 1977 on the ground that the NHC, being a
Issue
WON Tupas may hold certification elections
Held:
The Court stated a prior decision concerning a case of
illegal dismissal between the same respondent and
other government owned corporations governed by Civil
Service Laws, rules and regulations. It held that to
allow subsidiary corporations to be excluded from Civil
Service Laws would be a circumvention of the provisions
of the 1973 Constitution.
It furthered, however, that such interpretation is not
anymore applicable with the 1987 Constitution because
of the phrase with original charters.
Facts
SSSEA went on strike after SSS failed to act on the
unions demands on (1) the implementation of the old
SSSEA-SSS collective bargaining agreement on checkoff of union duties (2)payment of overtime pay and
night differential pay and holiday pay (3) conversion of
temporary or contractual employees within 6 months or
more of service into regular and permanent employees
(4) their entitlement to the same salaries, allowances
and benefits given to other regular employees of the
SSS and (5) payment of the childrens allowance of
P30.00 after the SSS deducted certain amounts from
Issue
WON SSS employees have the right to strike
WON the RTC has jurisdiction
Held
Art. XIII sec. 31 of the Constitution expressly provides
that the State shall guarantee the right of all workers
to
self-organization,
collective
bargaining
and
negotiations, and peaceful concerted activities including
the right to strike in accordance with law.
However, the sub article on the civil Service
Commission [Art. IX (B) Sec. 2(1) and (50)] is silent on
the said issue as it only mentions the right to
organization. Art. III sec.8 also furthers that the right to
form unions belong to employees from both the public
and private sectors.