Villar Vs Inciong

G.R. No.
L-50283-84 April 20, 1983 DOLORES VILLAR, ROMEO PEQUITO, DIONISIO RAMOS, BENIGNO MAMARALDO, ORLANDO ACOSTA, RECITACION BERNUS, ANSELMA ANDAN, ROLANDO DE GUZMAN and RITA LLAGAS, petitioners, vs. THE HON. AMADO G. INCIONG, as Deputy Minister of the Ministry of Labor, AMIGO MANUFACTURING INCORPORATED and PHILIPPINE ASSOCIATION OF FREE LABOR UNIONS (PAFLU), respondents. Facts: Petitioners were members of the Amigo Employees Union-PAFLU, a duly registered labor organization which, was the existing bargaining agent of the employees in private respondent Amigo Manufacturing, Inc. (Company). The Company and the Amigo Employees Union-PAFLU had a CBA governing their labor relations, which agreement was then about to expire on February 28, 1977. Within the last 60 days of the CBA, upon written authority of at least 30% of the employees in the company, including the petitioners, the Federation of Unions of Rizal (FUR) filed a petition for certification election with MOLE. The petition was opposed by the PAFLU with whom the Amigo Employees Union was at that time affiliated. The same employees who had signed the petition filed by FUR signed a joint resolution disaffiliating from PAFLU. Dolores Villar, representing herself to be the authorized representative of the Amigo Employees Union, filed a petition for certification election in the Company. The Amigo Employees Union-PAFLU intervened and moved for the dismissal of the petition for certification election filed by Villar, on the ground, among others that Villar had no legal personality to sign the petition since she was not an officer of the union nor is there factual or legal basis for her claim that she was the authorized representative of the local union. Med-Arbiter dismissed the petition filed by Villar, which dismissal is still pending appeal before BLR. Amigo Employees Union-PAFLU called a special meeting of its general membership. A Resolution was thereby unanimously approved which called for the investigation by the PAFLU national president, of all of the petitioners and one Felipe Manlapao, for continuously maligning the union spreading false propaganda that the
union officers were merely appointees of the management; and for causing divisiveness in the union. PAFLU formed a Trial Committee to investigate the local union's charges against the petitioners for acts of disloyalty. PAFLU and the Company concluded a new CBA which also reincorporated the same provisions of the existing CBA, including the union security clause. PAFLU President rendered a decision finding the petitioners guilty of the charges. PAFLU demanded the Company to terminate the employment of the petitioners pursuant to the security clause of the CBA. Acting on PAFLU's demand, the Company informed PAFLU that it will first secure the necessary clearances to terminate petitioners. PAFLU requested the Company to put petitioners under preventive suspension pending the application for said clearances to terminate the petitioners. The Company filed the request for clearance to terminate the petitioners before DOLE which was granted. DOLE Secretary Inciong denied the appeal, hence, this petition for review. Issue: W/N DOLE Secretary erred in affirming the grant of clearance of termination of petitioners. NO Ruling: It is true that disaffiliation from a labor union is not open to legal objection. It is implicit in the freedom of association ordained by the Constitution. But the Court has laid down the ruling that a closed shop is a valid form of union security, and such provision in a CBA is not a restriction of the right of freedom of association guaranteed by the Constitution. In the case at bench, the Company and the Amigo Employees UnionPAFLU entered into a CBA with a union security clause which is a reiteration of the old CBA. The quoted stipulation for closed-shop is clear and unequivocal. Petitioners theory that their expulsion was not valid upon the grounds is untenable. PAFLU had the authority to investigate petitioners on the charges filed by their co-employees in the local union and after finding them guilty as charged, to expel them from the roll of membership of the Amigo Employees Union-PAFLU is clear under the constitution of the PAFLU to which the local union was affiliated. And pursuant to the security clause of the new CBA, reiterating the same
clause in the old CBA, PAFLU was justified in applying said security clause. Recognized and salutary is the principle that when a labor union affiliates with a mother union, it becomes bound by the laws and regulations of the parent organization. It is undisputable that oppositors were members of the Amigo Employees Union at the time that said union affiliated with PAFLU; hence, oppositors are bound by the laws and regulations of PAFLU. Inherent in every labor union, or any organization for that matter, is the right of self-preservation. When members of a labor union seek the disintegration and destruction of the very union to which they belong; they thereby forfeit their rights to remain as members of the union which they seek to destroy. Prudence and equity, as well as the dictates of law and justice, therefore, compelling mandate the adoption by the labor union of such corrective and remedial measures, in keeping with its laws and regulations, for its preservation and continued existence; lest by its folly and inaction, the labor union crumble and fall.

Villar Vs Inciong

Uploaded by

Copyright:

Available Formats

Villar Vs Inciong

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Villar Vs Inciong

Uploaded by

Copyright:

Available Formats

G.R. No.

You might also like