Victoriano vs Elizarde Rope Union Digest

August 27, 2018 | Author: Francis Guinoo | Category: Right To Work Law, Employment, Trade Union, Collective Bargaining, Free Exercise Clause
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MANALIGOD, IVAN PAUL PAUL J. Top opic ic is ab abou outt th the e ri righ ghtt of a me memb mber er of a re rei igi giou ous s se sect ct th that at prohibits !oi"i"g a abor u"io" to free# choose to !oi" such abor orga"i$atio" or "ot. %&NJAMIN VI'TO(IANO %&NJAMIN VI'TO(IANO )s. &LI* &LI*ALD& ALD& (OP& +O( +O(&(- &(- UNION a"/ &LI*ALD& (OP& 0A'TO(1, IN'. G(N L234356 -eptember 73, 7895 *a/i)ar J. 0A'T-: Benjamin Victoriano (Appellee), a member of the religious sect known as the “Iglesia ni Cristo, ha! been in the emplo" of the #li$al!e %ope &actor", Inc' (Compan") since *+' e was a member of the #li$al!e %ope -orkers. /nion (/nion) which ha! with the Compan" a CBA containing a close! shop pro0ision which rea!s as follows: “1embership in the /nion shall be re2uire! as a con!ition of emplo"ment for all permanent emplo"ees workers co0ere! b" this Agreement' /n!er 3ec 4(a), 4(a), par 4, of %A 5*, prior to its amen!ment amen!ment b" %A 66*7, 66*7, the empl emplo" o"er er was was not not prec preclu lu!e !e! ! “from from maki making ng an agree agreeme ment nt with with a labo laborr organi$ation to re2uire as a con!ition of emplo"ment membership therein, if  such labor organi$ation o rgani$ation is the representati0e of the emplo"ees' 8n  9une +, , howe0er, %A 66*7 was enacte! enacte!,, intr intro! o!uc ucin ing g an amen!ment to par 4 subsection (a) of sec 4 of %A +5*, as follows: “;;; but such su ch ag agrree eeme ment nt sh shal alll no nott co co0e 0err me memb mber ers s of an an" " rel elig igio ious us se sect cts s wh whic ich h prohibit arming thereb" their natural, statutor" an! constitutional right to work, the fruits of  which work are usuall" the onl" means whereb" the" can maintain their own life an! the life of their !epen!ents' =he in!i0i!ual emplo"ee, at 0arious times in his working life, is confronte! b" two aggregates of power collecti0e labor, !irecte! b" a union, an! collecti0e capital, !irecte! b" management'  =he union, an institution !e0elope! to organi$e labor into a collecti0e force an! thus protect the in!i0i!ual emplo"ee from the power of collecti0e capital, is, para!o;icall", both the champion of emplo"ee rights, an! a new source of their frustration' 1oreo0er, when the /nion interacts with

management, it pro!uces "et a thir! aggregate of group strength from which the in!i0i!ual also nee!s protection F the collecti0e bargaining relationship'  =he free e;ercise of religious profession or belief is superior to contract rights' In case of conGict, the latter must "iel! to the former'  =he purpose of %A 66*7 is to ser0e the secular purpose of a!0ancing the constitutional right to the free e;ercise of religion, b" a0erting that certain persons be refuse! work, or be !ismisse! from work, or be !ispossesse! of  their right to work an! of being impe!e! to pursue a mo!est means of  li0elihoo!, b" reason of union securit" agreements' =o help its citi$ens to >n! gainful emplo"ment whereb" the" can make a li0ing to support themsel0es an! their families is a 0ali! objecti0e of the state' =he Constitution e0en man!ate! that “the 3tate shall aEor! protection to labor, promote full emplo"ment an! man!ate! that “the 3tate shall aEor! protection to labor, promote full emplo"ment an! e2ualit" in emplo"ment, ensure e2ual work opportunities regar!less of se;, race or cree! an! regulate the relation between workers an! emplo"ers' =he primar" eEects of the e;emption from close! shop agreements in fa0or of members of religious sects that prohibit their members from at those who are members of  religious sects that prohibit their members from joining labor unions, the bene>t upon the religious sects is merel" inci!ental an! in!irect' =he purpose of %A 66*7 was not to grant rights to labor unions' =he rights of  labor unions are ampl" pro0i!e! for in %epublic Act o' +5* an! the new Dabor Co!e' =he Act !oes not re2uire as a 2uali>cation, or con!ition, for  joining an" lawful association membership in an" particular religion or in an" religious sect neither !oes the Act re2uire acation for with!rawing from a labor union' 9oining or with!rawing from a labor union re2uires a positi0e act %epublic Act o' 66*7 onl" e;empts members with such religious a
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