Kapatiran vs Calleja

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Kapatiran vs Calleja

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Informal Sectors

Kapatiran vs Calleja G.R No. 82914. June 20, 1988

Petitioner : Kapatiran sa Meat and Canning Division (TUPAS)

Respondents:BLR Director Pura Ferrer CallejaMeat and Canning Division of Universal Robina CorporationMeat and Canning Division New Employees and Workers United Labor Organization (NEW ULO)

TUPAS seeks a review of the resolution of the Med-Arbiter ordering a certification election conducted among the regular rank and file employees of URC Meat and Canning Division

TUPASthe sole and exclusive collective bargaining representative of rank and file employees of URC Meat and Canning Division (1984-1987)Contract Expires on November 15, 1987

60 days freedom periodContract Expires on November 15, 1987Sept. 28 TUPAS filed a notice of strike pressuring the company to extend, renew or negotiate a new CBA

October 8 - the NEW ULO, composed mostly of workers belonging to the IGLESIA NI KRISTO sect, registered as a labor union,

60 days freedom periodOctober 12, TUPAS staged a strikeOctober 13, NEW ULO filed a petition for a certification election at the Bureau of Labor Relations.November 17, Med-Arbiter ordered the holding of a certification election within 20 days (TUPAS appealed while negotiating a new CBA)January 27, 1988 Director Calleja dismissed the appeal

Victoriano v. Elizalde Workers Union, 59 SCRA 54 (74) - The court upholds the right of members of Iglesia ni Cristo not to join Labor Unions for being contrary to their beliefs, does not bar the sect from forming their own unionThe fact that TUPAS was able to negotiate a new CBA with ROBINA within the 60-day freedom period of the existing CBA, does not foreclose the right of the rival union, NEW ULO, to challenge TUPAS' claim to majority status, by filing a timely petition for certification election on October 13"certification election is the best forum in ascertaining the majority status of the contending unions wherein the workers themselves can freely choose their bargaining representative thru secret ballot.