Manilacentrallinefreeworkers unionnfl after the ncmb

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Unformatted text preview: Membership
 in
 a
 cooperative
is
voluntary;
inherent
in
it
is
the
right
not
to
join.
 • Exception
to
exception:
association,
not
union
 o While
 the
 members
 of
 a
 cooperative
 who
 are
 also
 its
 employees
 can’t
 unionize
 for
 bargaining
 purposes,
 the
 law
 does
not
prohibit
them
from
forming
an
association
for
their
 mutual
aid
and
protection
as
employees
 o DO
40‐03:
 worker’s
association
 
organized
for
the
mutual
 aid
 and
 protection
 of
 its
 members
 or
 for
 an
 legitimate
 purpose
other
than
collective
bargaining
 Exception:
international
organizations
 • A
 certification
 election
 can’t
 be
 conducted
 in
 an
 international
 organization
which
the
Philippine
government
has
granted
immunity
 from
 local
 jurisdiction,
 such
 as
 IRRI
 and
 the
 Int’l
 Catholic
 Migration
 Commission
(ICMC)
 • ICMC
v.
Calleja
 o An
 international
 organization
 is
 one
 set
 up
 by
 agreement
 between
 2
 or
 more
 states.
 It
 is
 endowed
 with
 some
 degree
 of
 international
 legal
 personality
 such
 that
 they
 are
 capable
 exercising
specific
rights,
duties
and
powers
 o 3
 propositions
 underlying
 the
 grant
 of
 international
 immunities
to
international
organizations
–
 International
institutions
should
have
a
status
which
 protects
them
against
control
or
interference
by
any
 one
government
in
the
performance
of
functions
for
 the
effective
discharge
of
which
they
are
responsible
 to
democratically
constituted
international
bodies
in
 which
all
the
nations
concerned
are
represented
 No
 country
 should
 derive
 any
 national
 financial
 advantage
 by
 levying
 fiscal
 charges
 on
 common
 international
funds
 o 5. 48
 The
 international
 organization
 should,
 as
 a
 collectivity
 of
 States
 members,
 be
 accorded
 the
 facilities
for
the
conduct
of
its
official
business
 o The
 raison
 d’etre
 for
 these
 immunities
 is
 the
 assurance
 of
 unimpeded
 performance
 of
 their
 functions
 by
 the
 agencies
 concerned
 o The
 immunity
 from
 local
 jurisdiction
 by
 no
 means
 deprive
 labor
 of
 its
 basic
 rights.
 So,
 certification
 election
 is
 barred
 by
 immunity
 • Waiver
of
immunity
 o Waiver
of
its
immunity
is
discretionary
to
IRRI.
Without
such
 express
 waiver,
 the
 NLRC
 or
 its
 labor
 arbiters
 have
 no
 jurisdiction
 • Foreign
workers
 o Foreigners,
 whether
 natural
 or
 juridical,
 as
 well
 as
 foreign
 corporations,
 are
 strictly
 prohibited
 from
 engaging
 directly
 or
indirectly
in
all
forms
of
trade
union
activities
 o But
 aliens
 working
 in
 the
 country
 with
 valid
 work
 permits
 may
 exercise
 the
 right
 of
 self‐organization
 if
 they
 are
 nationals
of
a
country
that
grants
the
same
or
similar
right
to
 Filipino
workers
 Exception:
religious
objectors;
Iglesia
ni
Cristo
members
 • Industrial
Peace
Act
(1953):
employer
and
the
union
could
enter
into
 a
“closed
shop”
agreement
which
would
compel
employees
to
become
 union
workers
as
a
condition
of
continued
employment
 • Exemption:
 exempted
 from
 such
 compulsory
 union
 membership
 the
 followers
 of
 any
 religious
 sect
 (such
 as
 the
 Iglesia
 ni
 Cristo)
 whose
 teachings
forbid
membership
in
labor
unions
 • Victoriano
v.
Elizalde
Rope
Workers’
Union
 o Members
of
said
religious
sects
can’t
be
compelled
or
coerced
 to
 join
 labor
 unions
 even
 when
 said
 unions
 have
 closed
 shop
 agreements
 with
 the
 employers;
 that
 in
 spite
 of
 any
 closed
 shop
 agreement,
 members
 of
 said
 religious
 sectors
 can’t
 be
 refused
 employment
 or
 dismissed
 from
 their
 jobs
 on
 the
 sole
 ground
that
they
are
not
members
of
the
collective
bargaining
 union
 o Free
 exercise
 of
 religious
 profession
 or
 belief
 is
 superior
 to
 contract
rights
 o Appellant
 claims
 that
 unless
 the
 Act
 is
 declared
 unconstitutional,
employers
will
prefer
employing
members
of
 religious
sects
 that
prohibit
their
members
from
joining
labor
 unions,
and
thus
be
a
fatal
blow
to
unionism.
The
SC
does
not
 agree.
 The
 threat
 to
 unionism
 will
 depend
 on
 the
 number
 of
 employees
who
are
members
of
the
religious
sects
that
control
 the
demands
of
the
labor
market
 • Does
the
exemption
still
stand?
 o Does
 the
 exemption
 of
 religious
 objectors
 from
 compulsory
 union
 membership
 still
 union?...
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