Trade Union of the Philippines and Allied Services v. NHC

Facts:

Respondent National Housing Corporation (NHC) is a corporation organized in 1959 in accordance with Executive Order No. 399, otherwise known as the Uniform Charter of Government Corporations. Its shares of stock are and have been 100% owned by the Government from its incorporation under Act 459, the former corporation law. The government entities that own its shares of stock are the Government Service Insurance System, the Social Security System, the Development Bank of the Philippines, the National Investment and Development Corporation and the People's Homesite and Housing Corporation. Petitioner Trade Unions of the Philippines and Allied Services (TUPAS) is a legitimate labor organization with a chapter in NHC.

TUPAS filed a petition for the conduct of a certification election with Regional Office No. IV of the Department of Labor in order to determine the exclusive bargaining representative of the workers in NHC. The petition was dismissed by the Med-arbiter. TUPAS appealed to BLR where acting thereon Director Carmelo C. Noriel reversed the order of dismissal and ordered the holding of a certification election. This order was, however, set aside by Officer-in-Charge Virgilio S.J. Sy in his resolution upon a motion for reconsideration of respondent NHC. TUPAS seeks the reversal of the said resolution and prays that a certification election be held among the rank and file employees of NHC.

Issue:

Is there a right to form unions for the workers or employees of NHC

Held:

The workers or employees of NHC undoubtedly have the right to form unions or employees' organizations. The right to unionize or to form organizations is now explicitly recognized and granted to employees in both the governmental and the private sectors. The Bill of Rights provides that "(t)he right of the people, including those employed in the public and private sectors, to form unions, associations or societies for purposes not contrary to law shall not be abridged"

There is no impediment to the holding of a certification election among the workers of NHC for it is clear that they are covered by the Labor Code, the NHC being a government-owned and/or controlled corporation without an original charter.