2nd Set – 34A
Meralco vs Secretary of Labor
PICHAY, NIMPA T.
“Unions”
MERALCO vs Secretary of Labor
G.R. No. 91902, May 20, 1991
MEDIALDEA, J.
Facts:
On November 22, 1988, the Staff and Technical Employees Association of MERALCO (STEAM-PCWF),
a labor organization of staff and technical employees of MERALCO, filed a petition for certification
election, seeking to represent regular employees of MERALCO who are: (a) non-managerial employees
with Pay Grades VII and above, (b) non-managerial employees in the Patrol Division, Treasury Security
Services Section, Secretaries who are automatically removed from the bargaining unit; and (c) employees
within the rank and file unit who are automatically disqualified from becoming union members of any
organization within the same bargaining unit.
Later on, with the enactment of RA 6715 1 and the rules and regulations implementing the same, STEAM-
PCWF renounced its representation of the employees in Patrol Division, Treasury Security Services
Section and rank-and-file employees in Pay Grades I-VI.
MERALCO moved for the dismissal of the petition on the grounds that the employees sought to be
represented by petitioner are are either managerial who are prohibited by law from forming or joining
supervisory union, security services personnel who are prohibited from joining or assisting the rank-and-
file union and secretaries who do not consent to the petitioner's representation and whom petitioner
cannot represent.
Issue: Whether or not managerial employees, Supervisory employees and security guards may join the
rank-and-file union.
Held:
No. Art. 245 of the Labor Code provides the Ineligibility of managerial employees to join any labor
organization; -Managerial employees are not eligible to join, assist or form any labor organization.
Supervisory employees shall not be eligible for membership in a labor organization of the rank-and-file
employees but may join, assist, or form separate labor organizations of their own.
Meanwhile, contrary to the old rules prohibiting security guards from joining a labor organization of the
rank and file, under RA 6715 and EO No. 111, they may now freely join a labor organization of the rank
and file or that of the supervisory union, depending on their rank.
However there are possible consequences in the implementation of the law in allowing security personnel
to join labor unions within the company they serve. The law is apt to produce divided loyalties in the
1
An Act to extend protection to labor, strengthen the constitutional rights of workers to self-organization, collective
bargaining and peaceful concerted activities, foster industrial peace and harmony, promote the preferential use of
voluntary modes of settling labor disputes, and reorganize the National Labor Relations Commission, amending for
these purposes certain provisions of Presidential Decree No. 442, as amended, otherwise known as the Labor Code
of the Philippines, appropriating funds therefore and for other purposes, March 2, 1989
faithful performance of their duties. Economic reasons would present the employees concerned with the
temptation to subordinate their duties to the allegiance they owe the union of which they are members,
aware as they are that it is usually union action that obtains for them increased pecuniary benefits.
Thus, in the event of a strike declared by their union, security personnel may neglect or outrightly
abandon their duties, such as protection of property of their employer and the persons of its officials and
employees, the control of access to the employer’s premises, and the maintenance of order in the event
of emergencies and untoward incidents.
It is hoped that the corresponding amendatory and/or suppletory laws be passed by Congress to
avoid possible conflict of interest in security personnel.
Facts:
On November 22, 1988, the Staff and Technical Employees Association of MERALCO, a labor
organization of staff and technical employees of MERALCO, filed a petition for certification
election, seeking to represent regular employees of MERALCO. MERALCO moved for the
dismissal of the petition on the grounds that the employees sought to be represented by petitioner
are security services personnel who are prohibited from joining or assisting the rank-and-file
union, among others.
Issue: WON security guards may join rank-and-file or supervisors union.
Held:
While therefore under the old rules, security guards were barred from joining a labor
organization of the rank and file, under RA 6715, they may now freely join a labor organization
of the rank and file or that of the supervisory union, depending on their rank.
We are aware however of possible consequences in the implementation of the law in allowing
security personnel to join labor unions within the company they serve. The law is apt to produce
divided loyalties in the faithful performance of their duties. Economic reasons would present the
employees concerned with the temptation to subordinate their duties to the allegiance they owe
the union of which they are members, aware as they are that it is usually union action that
obtains for them increased pecuniary benefits.
Thus, in the event of a strike declared by their union, security personnel may neglect or
outrightly abandon their duties, such as protection of property of their employer and the persons
of its officials and employees, the control of access to the employer’s premises, and the
maintenance of order in the event of emergencies and untoward incidents.
It is hoped that the corresponding amendatory and/or suppletory laws be passed by Congress to
avoid possible conflict of interest in security personnel.
Petition dismissed.
