Right to Form Association

Samahan ng Manggagagawa sa Hanjin Shipyard vs Bureau of Labor Relations

GR no G.R. No. 211145

Facts:

 Petitioner, Samahan ng Mga Maggagawa sa Hanjin Shipyard (Samahan), was issued the certificate of
registration by DOLE. Respondent Heavy Industries and Construction Co., Ltd. Philippines (Hanjin)
opposed this by filing for a cancellation of said certificate on the ground of misrepresentation and failure
to meet the requirements of Labor Code to form an association.

DOLE Regional Director ruled in favor of Hanjin. On Appeal, the Bureau of Labor Relations (BLR) ruled in
favor of Samahan but ordered it to drop the Hanjin Shipyard from its name. Samahan unsatisified,
appealed to the CA. CA affirmed BLR's decision, ordered for Samahan to be removed from the roster of
legitimate labor organization, and recommended that Samahan create a union and not a workers
association.

 Hence this petition.

Issue:

WON the decision of Samahan to create a workers association instead of a Union is a valid
exercise of the right to form an association.

 Held:

Yes. The Court ruled that Samahan may form a workers association as guaranteed by Section 3
Article XIII and Section 8 of Article III of the 1987 Constitution and the Labor Code.

The right to form association, under the 1987 Constitution, allows workers not only to form
unions but also workers associations as well as labor management councils. This constitutional right
comprehends freedom for the employee to act for himself without being prevented by law; and the
power, to join or refrain from joining an association in order to encourage employee participation.

  Here, the Court disagrees with CA that Samahan should have formed a union for purposes of
collective bargaining instead of a workers' association because the choice belonged to it. The right to
form or join a labor organization necessarily includes the right to refuse or refrain from exercising the
said right. It is self-evident that just as no one should be denied the exercise of a right granted by law, so
also, no one should be compelled to exercise such a conferred right. Also inherent in the right to self-
organization is the right to choose whether to form a union for purposes of collective bargaining or a
workers' association for purposes of providing mutual aid and protection.

To avoid confusion, the Court, however, orders Samahan to remove Hanjin Shipyard from its name and
assures the organization that doing so would not impair its vested right to self-organization