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DOCTRINE:
Governmental v Proprietary function
FACTS:
On September 4,1961, the Agricultural Credit and Cooperative Financing
Administration (ACCFA), a government agency created under RA 821, entered into a
entered into a Collective Bargaining Agreement (CBA) effective for 1 year with the
ACCFA Supervisors Association (ASA) and the ACCFA Workers Association
(AWA). The Unions declared a strike on October 25, 1962 which ended when the
strikers voluntarily returned to work on November 26,1962.
ISSUES:
Theodore Ballesteros
1E
1. Whether or not the ACA is engaged in governmental functions. YES
On March 19, 1964, the EO. No. 75 was promulgated. Under EO No. 75, the Land
Reform Project Administration is the organization through which the field operations
of member agencies (ACA Is one) shall be undertaken by their respective personal
under a unified administration. Furthermore, the implementation of the land reform
program of the government according to RA 3844 is most certainly a governmental
not proprietary function; and fort hat purpose EO 75 has placed ACA under Land
Reform Project Administration, subject only to Civil Service laws, rules, and
regulations, position classification and wage structures.
The consideration set forth above militate quite strongly against the Unions and their
petition for certification election as proper bargaining units within the context of RA
875 which prohibits the right to strike as a coercive economic weapon against the
government.
HELD:
The respondent Unions have no right to the certification election sought by them nor,
consequently, to bargain collectively with the petitioner, no further fringe benefits
may be demanded on the basis of any CBA.
Theodore Ballesteros
1E