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    University of The Philippines vs. Ferrer-Calleja

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    Tia Ricafort
    This case discusses the appropriate bargaining units for employees of the University of the Philippines. The University argued there should be two separate units - one for academic employees and one for non-academic employees. However, the Bureau of Labor Relations director determined all rank-and-file employees, both teaching and non-teaching, should be in the same unit. The Supreme Court ultimately ruled there should be two separate bargaining units, with one for non-academic rank-and-file employees and another for academic rank-and-file employees. This is because academic and non-academic employees have distinct interests in wages, working conditions, and other subjects of collective bargaining.

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    University of The Philippines vs. Ferrer-Calleja

    Uploaded by

    Tia Ricafort
    205 views1 page
    This case discusses the appropriate bargaining units for employees of the University of the Philippines. The University argued there should be two separate units - one for academic employees and one for non-academic employees. However, the Bureau of Labor Relations director determined all rank-and-file employees, both teaching and non-teaching, should be in the same unit. The Supreme Court ultimately ruled there should be two separate bargaining units, with one for non-academic rank-and-file employees and another for academic rank-and-file employees. This is because academic and non-academic employees have distinct interests in wages, working conditions, and other subjects of collective bargaining.

    Original Title

    6. University of the Philippines vs. Ferrer-Calleja

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    This case discusses the appropriate bargaining units for employees of the University of the Philippines. The University argued there should be two separate units - one for academic employees and one for non-academic employees. However, the Bureau of Labor Relations director determined all rank-and-file employees, both teaching and non-teaching, should be in the same unit. The Supreme Court ultimately ruled there should be two separate bargaining units, with one for non-academic rank-and-file employees and another for academic rank-and-file employees. This is because academic and non-academic employees have distinct interests in wages, working conditions, and other subjects of collective bargaining.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    205 views1 page

    University of The Philippines vs. Ferrer-Calleja

    Uploaded by

    Tia Ricafort
    This case discusses the appropriate bargaining units for employees of the University of the Philippines. The University argued there should be two separate units - one for academic employees and one for non-academic employees. However, the Bureau of Labor Relations director determined all rank-and-file employees, both teaching and non-teaching, should be in the same unit. The Supreme Court ultimately ruled there should be two separate bargaining units, with one for non-academic rank-and-file employees and another for academic rank-and-file employees. This is because academic and non-academic employees have distinct interests in wages, working conditions, and other subjects of collective bargaining.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    USA College of Law

    RICAFORT 2-D
    Case Name UNIVERSITY OF THE PHILIPPINES vs. FERRER-CALLEJA
    Topic Factors that determine appropriate Bargaining Unit
    Case No. | Date G.R. No. 96189/211 SCRA 451 | July 14, 1992
    Ponente Narvasa, C.J.
    An appropriate "bargaining unit" SHOULD be comprised of all or less than all of the entire body
    Doctrine of employees having substantial or mutual interests in wages, hours, working conditions and
    other subjects of collective bargaining.

    RELEVANT FACTS:
     The "Organization of Non-Academic Personnel of UP" (ONAPUP), comprising of non-academic personnel of
    UP-Diliman, Los Baños, Manila, and Visayas filed a petition in the BLR seeking a certification election among
    all said non-academic employees of the University.
     The "All UP Workers' Union”, whose members cover both academic and non-academic personnel, declared
    its assent provided the appropriate organizational unit was first clearly defined.
     The University said that there should be two (2) unions: one for academic, the other for non-academic or
    administrative personnel.
     However, BLR Director Calleja declared that the appropriate organizational unit should embrace ALL the
    regular rank-and-file employees, teaching and non-teaching, of the University and commanded that a
    certification election be "conducted among rank-and-file employees, teaching and non-teaching".
     Subsequently, the University filed a Manifestation seeking the exclusion from the organizational unit of
    those employees holding supervisory positions among non-academic personnel, and those in teaching staff
    with the rank of Assistant Professor or higher.
     ONAPUP did not oppose while the "All UP Workers' Union" did.
     However, BLR Director Calleja held that they are rank and file employees since that the policy-making
    powers of the Council they belong to are limited to academic matters while the policy-determining functions
    contemplated in the definition of a high-level employee pertain to managerial, executive, or organization
    policies.
    ISSUE: W/N there should be two separate bargaining units in the University.
    RULING:
    YES. Having two separate bargaining units, the first consisting of the rank-and-file non-academic personnel, and
    the second, of the rank-and-file academic employees, is the set-up that will best assure to all the employees the
    exercise of their collective bargaining rights.
    In Democratic Labor Association vs. Cebu Stevedoring Company, Inc, the basic test in determining the proper
    collective bargaining unit was the use of the "community or mutuality of interests" test which mandates
    examination of whether or not such unit affects a grouping of employees who have substantial, mutual interests
    in wages, hours, working conditions and other subjects of collective bargaining.
    In the case at bar, the University employees can easily be categorized into the aforementioned two general
    classes. It is obvious that academic personnel would find very little in common with the non-academic personnel
    as regards responsibilities and functions, working conditions, compensation rates, social life and interests, skills
    and intellectual pursuits, cultural activities, etc. The dichotomy of interests, the dissimilarity in the nature of the
    work and duties as well as in the compensation and working conditions of the academic and non-academic
    personnel dictate the separation of these two categories of employees for purposes of collective bargaining.

    RULING
    MODIFIED. The non-academic rank-and-file employees of the University of the Philippines shall constitute a
    bargaining unit to the exclusion of the academic employees of the institution.

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