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Arthur Tarnate vs. Carmelo C. Noriel, et al.

ARTHUR TARNATE, petitioner, vs. CARMELO C. NORIEL as Director of the Bureau of Labor Relations, LUCERIO FAJARDO, LUIS ISIP and AURELIO INTERTAS, respondents.

G.R. No. L-49272 | 1980-09-15

D E C I S I O N


FERNANDO, C.J.:

The crux of the matter in this proceeding for certiorari with preliminary injunction is whether or not probationary employees are entitled to vote in the election of officers and board members of a labor union. Respondent Director Carmelo C. Noriel 1 at first ruled that they could not, apparently relying on the applicable provision of the Labor Code, which reads thus: "Any employee, whether employed for a definite period or not, with at least one year of service, whether such service is continuous or broken, shall be considered a regular employee for purposes of membership in any labor union." 2 When,...