MY BOSS DOES NOT DESERVE MY RESPECT.

SO,
I WILL JOIN A UNION
AGAINST HIM.

A Paper Presented By
ADEVA, Sarah Gretchen A.
BECEIRA, Rowena M.
CRUDA, Ronald
MOSQUIOLA, Rand Roy
RUIZAL, Erickvann J.
TUBURAN, Nhizza Dawn D.

In Fulfilment Of Christian Ethics I Midterm Exams

A.Y. 2016-2017

INTRODUCTION
Science attracts so many different and quirky personalities that we are all bound
to have a problem with some people. Most of the time, when our problem is our boss,
we take it as a very big problem. No person in leadership has the right to belittle a staff
as a result of positional authority. Some bosses are aggressive in their employee
management styles because of their driver personality; they are straight forward and
with a point. Some other employees, on the other hand, might only think that their boss
is pushing them too hard in order to stretch them out of their comfort zones. Which in a
way, makes them a better employee.
The special case of conflict between a direct report and a boss presents unique
challenges. As a manager with responsibilities up and down the organizational chain,
recognizing and resolving conflicts with the boss may well define to what degree you
can effectively contribute to your organization. A conflict with your boss can arise from
several different kinds of situations or opposing perspectives.
Conflicts with the boss might arise to disrespecting his authority. Employers often
have policies prohibiting insubordination but may not have guidelines defining which
behaviours will be regarded as insubordination. Insubordination can be divided into two
categories: unwillingness to carry out a directive from a manager or supervisor and
disrespectful behaviour toward a manager or supervisor (SHRM, 2016).
One of those guidelines and enabling laws is written in Article 2, Section 18 of the
1987 Philippine Constitution which states that the State affirms labor as a primary social
economic force and shall protect the rights of the workers and promote their welfare.

Employees, however, become more confident of the protection that they get from the
various laws implemented in the Philippines. This can result in employees refusing to
obey the superiors instructions (Israelstam, 2016).

DISCUSSION
Research says that the unwillingness to carry out a directive from a manager or
supervisor can manifest itself as a verbal refusal, a nonverbal refusal or an
unreasonable delay in completing work. Disrespectful behavior toward a manager or
supervisor can include cursing at a supervisor, verbally or physically intimidating a
manager or supervisor, or speaking loudly or argumentatively to or about a supervisor
(SHRM, 2016).
As said by the Supreme Court in the case of Marival Trading Inc. versus National
Labor Relations Commissions (NLRC) and Abella date June 26, 2007, misconduct has
been defined as improper or wrong conduct. It is the transgression of some established
and definite rule of action, a forbidden act, a dereliction of duty, willful character, and
implies wrongful intent and not mere error of judgment. The misconduct to be serious
must be of such grave and aggravated character and not merely trivial and
unimportant. Such misconduct, however serious, must nevertheless be in connection
with the employees work to constitute just cause for his separation. Thus, for
misconduct or improper behavior to be a just cause for dismissal, (a) it must be serious;
(b) must relate to the performance of the employees duties; and (c) must show that the
employee has become unfit to continue working for the employer. Indeed, an employer
may not be compelled to continue to employ such person whose continuance in the
service would be patently inimical to his employers business.
However, employers that face insubordination in the workplace usually handle
the situation using their normal disciplinary procedures. While insubordination can be

addressed using verbal warnings, written warnings and suspensions, extreme examples
of insubordination may warrant immediate dismissal. While employers do not want to
act hastily in disciplinary matters, delaying disciplinary action or ignoring insubordination
can give employees the impression that disrespectful behavior is acceptable (SHRM,
2016).
The petitioners on the above-mentioned case were the President and the VicePresident Personnel of the Marival Trading Inc. respectively while the herein respondent
(Abella) is a chemist/quality controller of the same company engaged in the production,
distribution and sale of veterinary products. On 14 July 2000, Ma. Roxanney A. Manuel
(Manuel), Vice President and General Manager of Marival, conducted a staff meeting
together with the other officers of the company, Gregorio Albeza (Albeza) and Ma. Claire
Distor (Distor), packaging supervisor and importation manager, respectively. After the
meeting, Manuel asked Albeza and Distor to stay behind to discuss other matters. She
requested two male employees to move some tables and placed Abellas belongings on
one of these tables. Apparently, while the rearrangement of the tables was going on,
Abella was not in the room. She came in when Manuel, Albeza, and Distor were already
having their own meeting. While Abella was attending to her things, her shoulder bag
fell loudly on the floor, disrupting the officers meeting. Manuel approached Abella to ask
what the problem was and the latter expressed her resentment over the fact that the
employees were not informed first before their tables were moved. Manuel asked Abella
to leave the room but she refused to do so.It was only upon Albezas prodding that
Abella later left the room. Abella then stayed in the laboratory for the rest of the
afternoon. Three days later, Abella received a memo from Manuel directing her to

explain within 24 hours why no disciplinary action should be imposed for her
disrespectful insubordination and unprofessional conduct.
In view of the foregoing facts and in line with the provisions of the Constiution
which expresses the intention of the State to protect and recognize the rights of the
workers, the complaint filed by the petitioners against Abella was dismissed. The Court
further held that implementation should be tempered with compassion and
understanding. The employer should bear in mind that, in the execution of said
prerogative, what is at stake is not only the employees position, but his very livelihood
his very breadbasket.
It is of paramount significance that the right of the employees should also be
taken consideration. Employees nevertheless also have valid and just causes of
performing such disrespectful acts. Clich it may seem but there is reality behind the
saying respect begets respect. It should further be noted that in all cases, respect is
necessary in employer-employee relationship. Forming unions however against the
employer/boss should also be given attention. Under the law, forming unions are not
prohibited as long as it does not incur violence, threat and undue influence to the
society. But in no case that a union is formed for the good of the company they are
working at, the law on labor relations must intervene.