4. Commingling or Mixed Membership

Employee-Members of Cooperatives

General Rule: An employee of a cooperative who is a member and co-owner thereof cannot invoke the right to collective bargaining for certainly an owner cannot bargain with himself or his co-owners [Batangas-I Electric Cooperative Labor Union v. Romeo A. Young, G.R. No. 62386 (1988)].

Irrespective of the degree of their participation in the actual management of the cooperative, all members thereof cannot form, assist or join a labor organization for the purpose of collective bargaining [Benguet Electric Cooperative v. Ferrer-Calleja, G.R. No. 79025 (1989)].

Exception: Employees who withdrew their membership from the cooperative are entitled to form or join a labor union for the negotiations of a Collective Bargaining Agreement [Central Negros Electric Cooperative, Inc. v. DOLE, G.R. No. 94045 (1991)].

Commingling or Mixture of Membership

Effect of Inclusion of Employees Outside the Bargaining Unit or Commingling

General Rule: It shall not be a ground for the cancellation of the registration of the union. Said employees are automatically deemed removed from the list of membership of said union. (Art. 256)

Exception: Unless such mingling was brought about by misrepresentation, false statement or fraud under Art. 247 (Grounds for cancellation of Union Registration) of the Labor Code. [SMCC-Super v. Charter Chemical and Coating Corporation, G.R. No. 169717 (2011)]

Supervisor and Rank and File Union Affiliation RA 9481: AN ACT STRENGTHENING THE WORKERS' CONSTITUTIONAL RIGHT TO SELF-ORGANIZATION, amending the Labor Code modified previous Supreme Court rulings prohibiting supervisors’ unions from joining with the same federation as the rank and file.

New law now explicitly ALLOWS for the commingling of the two.

RA 9481 allows the rank-and-file union and the supervisors’ union in the same establishment to join the same federation or national union while retaining separate bargaining units.

Sec. 8 of new law provides: “Article 245 (now 255) of the Labor Code is hereby amended to read as follows –

Art. 245 (now 255). Ineligibility of Managerial Employees to Join any Labor Organization; Right of Supervisory Employees. - Managerial employees are not eligible to join, assist or form any labor organization. Supervisory employees shall not be eligible for membership in the collective bargaining unit of the rank-and-file employees but may join, assist or form separate collective bargaining units and/or legitimate labor organizations of their own. The rank and file union and the supervisors’ union operating within the same establishment may join the same federation or national union.

The inclusion as union members outside the bargaining unit shall render said employees automatically removed from the list of membership of said union. (Labor Code, Art. 256)