Case Digest (G.R. No. 244629)
Facts:
On March 2, 1990, the Organization of Non-Academic Personnel of UP (ONAPUP), claiming 3,236 members—over 33% of the 9,617 non-academic personnel across the University of the Philippines campuses at Diliman, Los Baños, Manila and the Visayas—filed with the Bureau of Labor Relations (DOLE) a petition for a certification election. At a March 22, 1990 conference, the University of the Philippines expressed no objection. On April 18, 1990, the intervening All UP Workers’ Union, representing both academic and non-academic rank-and-file employees, assented to the election but sought clarification of the appropriate organizational unit, excluding the Research, Extension and Professorial Staff (REPS). Through its General Counsel, Demaree Raval, the University proposed two separate unions for academic and non-academic personnel, citing divergent interests and rules. On August 7, 1990, Director Pura Ferrer-Calleja of the Bureau of Labor Relations ruled that the appropriate organizational uCase Digest (G.R. No. 244629)
Facts:
- Initiation of certification election proceeding
- On March 2, 1990, the Organization of Non-Academic Personnel of UP (ONAPUP), claiming over 3,236 members (33% of 9,617 non-academic staff), petitioned the Bureau of Labor Relations (BLR) for a certification election among non-academic employees of UP Diliman, Los Baños, Manila, and the Visayas.
- At the March 22, 1990 pre-election conference, UP raised no objection. On April 18, 1990, All UP Workers’ Union intervened, asserting coverage of both academic and non-academic rank-and-file employees and requesting clear definition of the organizational unit.
- Proceedings before the Bureau of Labor Relations
- UP’s General Counsel proposed two separate unions—academic and non-academic—citing divergent interests and conditions.
- On August 7, 1990, Director Calleja ruled that the “appropriate organizational unit” included all rank-and-file employees (teaching and non-teaching) under Section 9, EO No. 180, and ordered a single certification election for all four autonomous campuses.
- UP’s challenges and administrative rulings
- UP sought clarification at the March 22, 1990 conference on the exclusion of managerial and policy-determining personnel. In an October 4, 1990 manifestation, it moved to exclude supervisory non-academic staff and teaching personnel at Assistant Professor level or higher, invoking Section 3, EO 180’s ineligibility for “high-level employees.”
- Director Calleja’s October 30, 1990 Order addressed whether professors are “high-level employees” under Rule I, Sec. 1 of EO 180 implementing guidelines and held them to be rank-and-file. Reconsideration was denied on November 20, 1990. UP filed a certiorari petition with the Supreme Court, which issued a temporary restraining order on December 5, 1990.
Issues:
- Are professors, associate professors, and assistant professors of the University of the Philippines “high-level employees” under EO 180, ineligible to join rank-and-file organizations?
- Should academic and non-academic rank-and-file employees of UP constitute a single collective bargaining unit, or separate units, considering their divergent interests and conditions of employment?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)