Free Telephone Workers Union vs Minister of Employment, the National Labor Relations Commission and The PLDT

Facts: A notice of strike with the Ministry of Labor and Employment was given. The grounds for the strike are the following: 1. Unilateral and arbitrary implementation of the Code of Conduct 2. Illegal terminations and suspensions of officers and members 3. Non confirmation of call sick leaves and its treatment as AWOL There has been a notice of 2/3 vote for the strike. Meetings were held and the Ministry with the petitioner manifested willingness to revise the Code of Conduct so that it will be fair for all those who are concerned. The labor dispute certified it to the National Labor Relations Commission for arbitration. There has been a hearing for this dispute. The petitioner alleged that the provisions in the Code of Conduct are quite harsh and has deemed idefinite preventive provision was the cause of the labor dispute.

Issue: Whether or not there is undue delegation to the Ministry of Labor and Emplyment

Ruling: No, there is no undue delegation to the Ministry of Labor and Employment. The power that would deny the minister of labor is within the president, who can determine the national interests. The assumption that the president can make a law is an assertion that it cannot be passed upon this petition. What this states is that the president can have control over the ministries. Therefore, it can havppen that a person can hold a position both as a minister and assemblyman. Article VIII in its presidency, starts that the president shall be the head of state and chief executive of the RP. Its last section is an affirmation that it is a presidential system that obtains in our land which are not provided for an official is hereby vested to the President unless the legislative provides otherwise.