Title
Pampanga Bus Co., Inc. vs. Pambusco Employees Union, Inc.
Case
G.R. No. 46739
Decision Date
Sep 23, 1939
Court ruled compulsory hiring of union members violates freedom of contract; employers cannot be forced to prefer union hires under Commonwealth Act No. 213.

Case Digest (G.R. No. 46739)

Facts:

Pampanga Bus Company, Inc. v. Pambusco Employees' Union, Inc., G.R. No. 46739, September 23, 1939, the Supreme Court En Banc, Moran, J., writing for the Court.

The petitioner was Pampanga Bus Company, Inc. and the respondent was Pambusco Employees' Union, Inc. On May 31, 1939 the Court of Industrial Relations issued an order directing the petitioner to recruit, for any new hires needed to replace dismissed employees, preferentially from the respondent union's membership; the order contained a proviso that if the union failed to furnish suitably qualified persons the company might employ others. In effect, the order required the company to give hiring preference to union members.

Believing the order exceeded the court's authority and infringed on its liberty to contract and select employees, the company appealed the CIR order to the Supreme Court. No intermediate trial court or Court of Appeals disposition appears in the record; the matter came ...(Pro-only)

Issues:

  • Did the Court of Industrial Relations have authority to issue an order compelling an employer to give hiring preference to members of a labor union?
  • Did that compulsory preferential-hiring order violate the employer's constitutional freedom of contract and related due-...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)

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