Scribd Logo
Upload

Welcome to Scribd!

  • 39 views

    Bureau of Printing

    Uploaded by

    Jean Francois Ocaso
    The Bureau of Printing Employees Association filed a complaint against the Bureau of Printing and its directors, alleging unfair labor practices. The directors denied the charges and argued the court lacked jurisdiction over the Bureau of Printing. While the Bureau of Printing receives some private work, its main function is to meet the printing needs of the government. As a service bureau rather than a private business, it is not fully proprietary in nature. Therefore, the Industrial Court does not have jurisdiction over the case, as suing the Bureau of Printing would essentially mean suing the government without its consent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Bureau of Printing

    Uploaded by

    Jean Francois Ocaso
    39 views1 page
    The Bureau of Printing Employees Association filed a complaint against the Bureau of Printing and its directors, alleging unfair labor practices. The directors denied the charges and argued the court lacked jurisdiction over the Bureau of Printing. While the Bureau of Printing receives some private work, its main function is to meet the printing needs of the government. As a service bureau rather than a private business, it is not fully proprietary in nature. Therefore, the Industrial Court does not have jurisdiction over the case, as suing the Bureau of Printing would essentially mean suing the government without its consent.

    Original Description:

    Government

    Original Title

    06. Bureau of Printing

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Bureau of Printing Employees Association filed a complaint against the Bureau of Printing and its directors, alleging unfair labor practices. The directors denied the charges and argued the court lacked jurisdiction over the Bureau of Printing. While the Bureau of Printing receives some private work, its main function is to meet the printing needs of the government. As a service bureau rather than a private business, it is not fully proprietary in nature. Therefore, the Industrial Court does not have jurisdiction over the case, as suing the Bureau of Printing would essentially mean suing the government without its consent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    39 views1 page

    Bureau of Printing

    Uploaded by

    Jean Francois Ocaso
    The Bureau of Printing Employees Association filed a complaint against the Bureau of Printing and its directors, alleging unfair labor practices. The directors denied the charges and argued the court lacked jurisdiction over the Bureau of Printing. While the Bureau of Printing receives some private work, its main function is to meet the printing needs of the government. As a service bureau rather than a private business, it is not fully proprietary in nature. Therefore, the Industrial Court does not have jurisdiction over the case, as suing the Bureau of Printing would essentially mean suing the government without its consent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    The Bureau of Printing (Serafin Salvador and Mariano Ledesma, petitioners) v.

    The Bureau of
    Printing Employees Association (NLU) (Pacifico Advincula, Roberto Mendoza, Ponciano and
    Teodulo Toleran, respondents)

    Facts:

     Respondents filed a complaint against petitioners, Salvador, the Acting Secretary of the
    Department General Services and Ledesma, the Director of Bureau of Printing, due to unfair
    labor practices by interfering with employees of Bureau of Printing, particularly, the members
    of the complaining association petition, in their exercise of their right to self-organization by
    “discriminating in regard to hire and tenure of their employment in order to discourage them
    from pursuing the union activities.”1

     Petitioners denied the charges with the affirmative defenses as follows:


     The respondents were suspended for breach of Civil Service rules and regulation.
     BOP has no juridical personality to sue and be sued.
     BOP is an agency performing government functions.

     Petitioners prayed for the dismissal of the case for lack of jurisdiction and filed and Omnibus
    Motion. The latter was granted, however, the former, was denied for the cause that trial court
    proclaimed that the functions of BOP are “exclusively proprietary in nature.” Reconsideration
    was denied, as effect, case was brought to Supreme Court for certiorari and prohibition.

    Issue:

    WON Bureau of Printing may be sued.

    Held:

    The Bureau of Printing receives outside private printing jobs from time to time, imposes work
    with pay on their employees when needed, however, as created by A.O. no. 2657, it operates
    under direct supervision of Executive Secretary, Office of the President, its function is to meet
    the printing needs of the Government, it is a service bureau, not a business with an aim to gain
    monetary profit. It is not full proprietary in nature. Consequently, Industrial Court has no
    jurisdiction to the said case for it is neither an industrial nor a business organization. Suing such
    agency would fall to mean suing the Government, and as a general rule, the same cannot be
    sued without consent.

    J. Francois L. Ocaso

    1 According to Labor Code – Art. 259 (5), doing as such violates rights by means of stopping a parties from requiring
    membership in a recognized collective bargaining agent as a condition of employment, except… (See Azucena, “The
    Labor Code with Comments and Cases”, Vol. II-A: Labor Relations, p. 303.)

    You might also like