Kapatiran sa Meat and Canning Division v.

Calleja (1988) Karl Salvador

Law 114 – Labor and Social Legislation 2 A2025

Case Name Kapatiran sa Meat and Canning Division v. Calleja

Topic First Level Topic > Second Level Topic > Third Level Topic

Case No. | Date G.R. No. 82914 | June 20, 1988

Petitioner/s Kapatiran sa Meat and Canning Division

Respondent/s BLR Director Calleja, Meat and Canning Division URC, NEW ULO

Ponente Griño-Aquino, J.

Case Summary

Tupas was the sole and exclusive collective bargaining representative of the workers in the
Meat and Canning Division of URC. NEW ULO, composed mostly of workers from Iglesia
ni Kristo (INC), registered as a labor union. TUPAS staged a strike to pressure URC to
negotiate a new CBA. URC obtained an injunction against the strike, resulting in an
agreement to return to work and a new CBA. NEW ULO filed a petition for a certification
election at the Bureau of Labor Relations (BLR) claiming that it had the majority of the daily
wage rank-and-file employees. TUPAS moved to dismiss the petition, but the Med-Arbiter
ordered the holding of a certification election within 20 days. BLR Director Calleja
dismissed the appeal and affirmed the Med-Arbiter.

W/N NEW ULO can file for a certification election: Yes

The SC ruled that although in Victoriano they upheld the right of members of the INC sect
not to join a labor union for being contrary to their religious beliefs, Victoriano does not bar
the members of INC from forming their own union since. It emphasized that "recognition
of the tenets of the sect . . . should not infringe on the basic right of self-organization granted
by the constitution to workers, regardless of religious affiliation." The SC also upheld the
holding of a certification election. NEW ULO was able to timely file a petition for
certification election before TUPAS' old CBA and before it signed a new CBA with URC.

Decision

The SC denied the petition for certiorari, and upheld the holding of a certification election.

Doctrine

• Victoriano does not bar the members of INC from forming their own union.
"Recognition of the tenets of the sect . . . should not infringe on the basic right of self-
organization granted by the constitution to workers, regardless of religious affiliation."
• Certification Election. A 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

Relevant Facts

• Petitioner Kapatiran sa Meat and Canning Division (TUPAS) was the sole and exclusive
collective bargaining representative of the workers in the Meat and Canning Division
of URC, with a 3-year CBA.

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 Kapatiran sa Meat and Canning Division v. Calleja (1988) Karl Salvador
Law 114 – Labor and Social Legislation 2 A2025

• Within the freedom period of 60 days prior to the expiration of its CBA, TUPAS filed
an amended notice of strike to pressure URC to extend, renew, or negotiate a new CBA.
• NEW ULO, composed mostly of workers from Iglesia ni Kristo (INC), registered as a
labor union.
• TUPAS staged a strike. URC obtained an injunction against the strike, resulting in an
agreement to return to work and for the parties to negotiate a new CBA.
• NEW ULO filed a petition for a certification election at the Bureau of Labor Relations
(BLR) claiming that it had the majority of the daily wage rank-and-file employees (191).
• TUPAS moved to dismiss the petition for: (1) being defective in form, (2) that members
of NEW ULO were members of INC which previously refused to affiliate with any labor
union, (3) that URC was using NEW ULO to defeat TUPAS’ bargaining rights.
• The Med-Arbiter ordered the holding of a certification election.
o TUPAS appealed to the BLR.
• TUPAS was able to negotiate a new 3-year CBA with URC.
• BLR Director Calleja dismissed the appeal. He also denied TUPAS’ MR.
o TUPAS filed a petition for certiorari to the SC.

Issue/s, Held and Ratio

1. W/N NEW ULO is barred from forming their union: No

INC members are not barred from forming their own union
• The SC in Victoriano v. Elizalde Rope Workers’ Union upheld the right of members of
the INC sect not to join a labor union for being contrary to their religious beliefs.
• However, Victoriano does not bar the members of INC from forming their own union.
• "Recognition of the tenets of the sect . . . should not infringe on the basic right of self-
organization granted by the constitution to workers, regardless of religious affiliation."

2. W/N NEW ULO can file for a certification election: Yes

The SC upheld the holding of a certification election

• The fact that TUPAS was able to negotiate a new CBA with URC 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
o NEW ULO was able to timely file a petition for certification election before
TUPAS' old CBA and before it signed a new CBA with URC.
• A 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.

Ruling

WHEREFORE, the petition for certiorari is denied, with costs against the petitioner.

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