GR L 15751; (January, 1961) (Digest)
G.R. No. L-15751; January 28, 1961
BUREAU OF PRINTING, SERAFIN SALVADOR and MARIANO LEDESMA, petitioners, vs. THE BUREAU OF PRINTING EMPLOYEES ASSOCIATION (NLU), PACIFICO ADVINCULA, ROBERTO MENDOZA, PONCIANO ARGANDA and TEODULO TOLERAN, respondents.
FACTS
The Bureau of Printing Employees Association and several individual employees filed a complaint for unfair labor practice with the Court of Industrial Relations (CIR) against the Bureau of Printing, its Director Mariano Ledesma, and Acting Secretary of General Services Serafin Salvador. The complaint alleged interference with the employees’ right to self-organization and discriminatory acts regarding hire and tenure to discourage union activities. The individual respondents had been suspended pending an administrative investigation for alleged breach of Civil Service rules.
The petitioners moved to dismiss the case for lack of jurisdiction, arguing that the Bureau of Printing is a government agency without juridical personality, performing governmental functions and not engaged in an industry for profit. The CIR trial judge denied the motion, holding that the Bureau’s functions were “exclusively proprietary in nature,” citing its acceptance of outside printing jobs and payment of overtime to employees. The CIR en banc denied reconsideration, prompting this petition for certiorari and prohibition.
ISSUE
Whether the Court of Industrial Relations has jurisdiction over a complaint for unfair labor practice filed against the Bureau of Printing, a government office.
RULING
The Supreme Court granted the petition, ruling that the CIR had no jurisdiction. The legal logic is anchored on the nature and functions of the Bureau of Printing and the limited jurisdiction of the CIR under the Industrial Peace Act. The Bureau is an office of the Government created by statute, operating under the Executive Secretary. Its primary function is to execute printing and binding for the National Government, making it a service bureau designed to meet governmental needs, not an industrial or business concern organized for pecuniary profit.
The Court rejected the CIR’s characterization of the Bureau’s functions as “exclusively proprietary.” While the Bureau accepts a minimal volume of private printing jobs (constituting only 0.5% of its work) and pays overtime, these are incidental and do not alter its essential governmental character. Overtime is paid only when required by the service and subject to appropriations. Private jobs are accepted only upon request, as government work permits, without profit motive, and often involve the use of official seals or stamps exclusive to the Bureau. There was no showing that employees performing these incidental tasks were separate from those performing governmental functions.
Consequently, the Industrial Peace Act, which governs relations between profit-oriented employers and their industrial employees, does not apply. The CIR’s jurisdiction is limited to industrial employment and business organizations for gain. Furthermore, as a non-corporate government instrumentality, the Bureau of Printing cannot be sued without the State’s consent. Allowing the suit would effectively be a suit against the Government and would interfere with the executive officials’ disciplinary authority over civil servants. The complaint was therefore dismissed.
