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ISAE vs. Quisombing

This case involves a dispute between the International School of Manila (ISM) and the International School Alliance of Educators (ISAE) union over the inclusion of foreign-hired teachers in the bargaining unit with local-hired teachers. ISM hires both foreign and local teachers, paying foreign teachers 25% more and providing them additional benefits. When negotiating a new collective bargaining agreement, ISAE argued foreign teachers should not receive higher pay or be excluded from the bargaining unit. The Supreme Court ruled that foreign teachers do not belong in the same bargaining unit as local teachers. It cited differences in tenure, benefits provided only to foreign teachers, and lack of intent by foreign teachers to join the local bargaining unit. While pay discrimination

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57 views

ISAE vs. Quisombing

This case involves a dispute between the International School of Manila (ISM) and the International School Alliance of Educators (ISAE) union over the inclusion of foreign-hired teachers in the bargaining unit with local-hired teachers. ISM hires both foreign and local teachers, paying foreign teachers 25% more and providing them additional benefits. When negotiating a new collective bargaining agreement, ISAE argued foreign teachers should not receive higher pay or be excluded from the bargaining unit. The Supreme Court ruled that foreign teachers do not belong in the same bargaining unit as local teachers. It cited differences in tenure, benefits provided only to foreign teachers, and lack of intent by foreign teachers to join the local bargaining unit. While pay discrimination

Uploaded by

Leo Salvador
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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ISAE vs.

QUISUMBING
October 23, 2012 ~ vbdiaz

INTERNATIONAL SCHOOL ALLIANCE OF EDUCATORS (ISAE), petitioner, vs.


HON. LEONARDO A. QUISUMBING in his capacity as the Secretary of Labor and
Employment; HON. CRESENCIANO B. TRAJANO in his capacity as the Acting
Secretary of Labor and Employment; DR. BRIAN MACCAULEY in his capacity as the
Superintendent of International School-Manila; and INTERNATIONAL SCHOOL, INC.,
respondents.,

G.R. No. 128845, June 1, 2000

FACTS:

Private respondent International School, Inc. (School), pursuant to PD 732, is a domestic


educational institution established primarily for dependents of foreign diplomatic personnel and
other temporary residents. The decree authorizes the School to employ its own teaching and
management personnel selected by it either locally or abroad, from Philippine or other
nationalities, such personnel being exempt from otherwise applicable laws and regulations
attending their employment, except laws that have been or will be enacted for the protection of
employees. School hires both foreign and local teachers as members of its faculty, classifying the
same into two: (1) foreign-hires and (2) local-hires.

The School grants foreign-hires certain benefits not accorded local-hires. Foreign-hires are also
paid a salary rate 25% more than local-hires.

When negotiations for a new CBA were held on June 1995, petitioner ISAE, a legitimate labor
union and the collective bargaining representative of all faculty members of the School,
contested the difference in salary rates between foreign and local-hires. This issue, as well as the
question of whether foreign-hires should be included in the appropriate bargaining unit,
eventually caused a deadlock between the parties.

ISAE filed a notice of strike. Due to the failure to reach a compromise in the NCMB, the matter
reached the DOLE which favored the School. Hence this petition.

ISSUE:

Whether the foreign-hires should be included in bargaining unit of local- hires.


 

RULING:

NO. The Constitution, Article XIII, Section 3, specifically provides that labor is entitled to
“humane conditions of work.” These conditions are not restricted to the physical workplace – the
factory, the office or the field – but include as well the manner by which employers treat their
employees.

Discrimination, particularly in terms of wages, is frowned upon by the Labor Code. Article 248
declares it an unfair labor practice for an employer to discriminate in regard to wages in order to
encourage or discourage membership in any labor organization.

The Constitution enjoins the State to “protect the rights of workers and promote their welfare, In
Section 18, Article II of the constitution mandates “to afford labor full protection”. The State has
the right and duty to regulate the relations between labor and capital. These relations are not
merely contractual but are so impressed with public interest that labor contracts, collective
bargaining agreements included, must yield to the common good.

However, foreign-hires do not belong to the same bargaining unit as the local-hires.

A bargaining unit is a group of employees of a given employer, comprised of all or less than all
of the entire body of employees, consistent with equity to the employer indicate to be the best
suited to serve the reciprocal rights and duties of the parties under the collective bargaining
provisions of the law.

The factors in determining the appropriate collective bargaining unit are (1) the will of the
employees (Globe Doctrine); (2) affinity and unity of the employees’ interest, such as substantial
similarity of work and duties, or similarity of compensation and working conditions (Substantial
Mutual Interests Rule); (3) prior collective bargaining history; and (4) similarity of employment
status. The basic test of an asserted bargaining unit’s acceptability is whether or not it is
fundamentally the combination which will best assure to all employees the exercise of their
collective bargaining rights.

In the case at bar, it does not appear that foreign-hires have indicated their intention to be
grouped together with local-hires for purposes of collective bargaining. The collective bargaining
history in the School also shows that these groups were always treated separately. Foreign-hires
have limited tenure; local-hires enjoy security of tenure. Although foreign-hires perform similar
functions under the same working conditions as the local-hires, foreign-hires are accorded
certain benefits not granted to local-hires such as housing, transportation, shipping costs, taxes
and home leave travel allowances. These benefits are reasonably related to their status as
foreign-hires, and justify the exclusion of the former from the latter. To include foreign-hires in a
bargaining unit with local-hires would not assure either group the exercise of their respective
collective bargaining rights.
WHEREFORE, the petition is GIVEN DUE COURSE. The petition is hereby GRANTED IN
PART.

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