NATURE

Special civil action of certiorari

FACTS

-The officer-in-charge of the Bureau of Labor Relations (Hon. Cresenciano Trajano) sustained
the denial by the Med Arbiterof the right to vote of one hundred forty-one (141) members of the
“Iglesia ni Kristo” (INK), all employed in the same company, at a certification election at which
two (2) labor organizations were contesting the right to be the exclusive representative of the
employees in the bargaining unit.

-The certification election was authorized to be conducted by the Bureau of Labor Relations
among the employees of Tri-Union Industries Corporation on October 20, 1987. The competing
unions were the Tri-Union Employees Union-Organized Labor Association in Line Industries
and Agriculture (TUEU-OLALIA), and Trade Union of the Philippines and Allied Services
(TUPAS). Of the 348 workers initially deemed to be qualified voters, only

240 actually took part in the election, conducted under the supervision of the Bureau of Labor
Relations. Among the 240 employees who cast their votes were 141 members of the INK.
The ballots provided for three (3) choices. They provided for votes to be cast, of course, for
either of the two (2) contending labor organizations, (a) TUPAS and (b) TUEU-OLALIA; and,
conformably with established rule and practice, 1 for (c) a third choice: “NO UNION.”

The final tally of the votes showed the following results:

TUPAS 1

TUEU-OLALIA 95
NO UNION 1

SPOILED 1

CHALLENGED 141

ISSUE/S

1.

WON the members of the INC should not be allowed to vote “because they refused to participate
in the previous certification elections.”

2.

WON the NLRC was correct in saying that “if the workers who are members of the Iglesia ni
Kristo in the exercise of their religious belief opted not to join any labor organization as a
consequence of which they themselves can not have a bargainingART. 242. Rights of legitimate
labor organizations. -A legitimate labor organization shall have the right:

(a) To act as the representative of its members for the purpose of collective bargaining;

(b) To be certified as the exclusive representative of all the employees in an appropriate

bargaining unit for purposes of collective bargaining;

(c) To be furnished by the employer, upon written request, with its annual audited financial
statements, including the balance sheet and the profit and loss statement, within thirty (30)
calendar days from the date of receipt of the request, after the union has been duly recognized by
the employer or certified as the sole and exclusive bargaining representative of the employees in
the bargaining unit, or within sixty (60) calendar days before the expiration of the
existing collective bargaining agreement, or during the collective bargainingnegotiation;

(d) To own property, real or personal, for the use and benefit of the labor organization and its
members;

(e) To sue and be sued in its registered name; and

(f) To undertake all other activities designed to benefit the organization and its members,
including cooperative, housing, welfare and other projects not contrary to law. Notwithstanding
any provision of a general or special law to the contrary, the income and the properties of
legitimate labor organizations, including grants, endowments, gifts, donations and contributions
they may receive from fraternal and similar organizations, local or foreign, which are actually,
directly and exclusively used for their lawful purposes, shall be free from taxes, duties and other
assessments. The exemptions provided herein may be withdrawn only by a special law expressly
repealing this provision. (As amended by Section 17, Republic Act No. 6715, March 21, 1989).