ALEX FERRER, RAFAEL FERRER HENRY DIAZ, DOMINGO BANCOLITA, GIL DE GUZMAN, and FEDERATION OF DEMOCRATIC LABOR UNIONS, (FEDLU), vs. NATIONAL LABOR RELATIONS COMMISSION (SECOND DIVISION), HUI KAM CHANG (In his capacity as General Manager of Occidental Foundry Corporation), OCCIDENTAL FOUNDRY…
- G.R. Number: G.R. No. 100898
- Promulgated: 1993-07-05
- Ponente: Melo, J.
Doctrine
A collective bargaining agreement may include a union security clause requiring continued union membership in good standing as a condition of continued employment (Article II, Sec. 1 of the CBA).
The parties may agree in the CBA that failure to retain union membership in good standing constitutes cause for dismissal, and such dismissal may be initiated upon the union's written request accompanied by the union's verified board resolution signed by a majority of officers/directors (Article II, Sec. 3).
Facts
The collective bargaining agreement contains a union security clause requiring permanent and regular factory workers who are union members to maintain membership in good standing as a condition of continued employment (union security clause, para. 1).
The CBA provides that failure to retain membership in good standing is ground for dismissal upon written request by the union, accompanied by a verified carbon original of the union's board resolution signed by a majority of its officers/directors (para. 3).
On 6 May 1989, Alex Ferrer and the SAMAHAN filed a DOLE complaint for expulsion of certain union officers, but the petition was withdrawn on 4 September 1989 (para. 16).
Following intraunion conflict and a contested special election on 10 September 1989, the rival union officials issued a resolution expelling petitioners on 11 September 1989; on 12 September 1989 Capitle requested management to dismiss listed employees for failure to retain union membership in good standing (paras. 17-18).
Issues
Whether under the CBA's union security clause the company may dismiss employees upon the union's written request and accompanying board resolution for failure to retain membership in good standing.
Ruling
The union invoked the CBA's union security clause and formally requested the employer to dismiss specified employees for failure to retain membership in good standing by submitting a letter pursuant to Article II, Sec. 3 of the CBA (as shown by the dismissal request sent on 12 September 1989).
Keywords
G.R. No. 100898, petition for certiorari, National Labor Relations Commission (NLRC), illegal dismissal, unfair labor practice, collective bargaining agreement (CBA), union security clause, membership in good standing, Article II, Sec. 3 of the Union Security Clause, Department of Labor and Employment (DOLE), intraunion squabble, due process of law, labor arbiter, closed shop, just cause, union, rollo, good standing, company, samahan