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    Cirtek Employees V. Cirtek Electronics

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    Syannil Vie
    This case involved a dispute between Cirtek Employees and Cirtek Electronics regarding a Memorandum of Agreement (MOA) entered into by the parties. The Secretary of Labor asserted jurisdiction over the dispute. The issues were whether the Secretary of Labor has authority to issue arbitral awards, and whether disaffiliation from a federation results in a loss of legal personality for a union. The Supreme Court held that an arbitral award has the force of a valid contract between the parties, and that disaffiliation from a federation does not result in a union losing its legal personality.

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    © All Rights Reserved
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    Cirtek Employees V. Cirtek Electronics

    Uploaded by

    Syannil Vie
    60 views1 page
    This case involved a dispute between Cirtek Employees and Cirtek Electronics regarding a Memorandum of Agreement (MOA) entered into by the parties. The Secretary of Labor asserted jurisdiction over the dispute. The issues were whether the Secretary of Labor has authority to issue arbitral awards, and whether disaffiliation from a federation results in a loss of legal personality for a union. The Supreme Court held that an arbitral award has the force of a valid contract between the parties, and that disaffiliation from a federation does not result in a union losing its legal personality.

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    Cirtek Employees V. cirtek electronics

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    This case involved a dispute between Cirtek Employees and Cirtek Electronics regarding a Memorandum of Agreement (MOA) entered into by the parties. The Secretary of Labor asserted jurisdiction over the dispute. The issues were whether the Secretary of Labor has authority to issue arbitral awards, and whether disaffiliation from a federation results in a loss of legal personality for a union. The Supreme Court held that an arbitral award has the force of a valid contract between the parties, and that disaffiliation from a federation does not result in a union losing its legal personality.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    60 views1 page

    Cirtek Employees V. Cirtek Electronics

    Uploaded by

    Syannil Vie
    This case involved a dispute between Cirtek Employees and Cirtek Electronics regarding a Memorandum of Agreement (MOA) entered into by the parties. The Secretary of Labor asserted jurisdiction over the dispute. The issues were whether the Secretary of Labor has authority to issue arbitral awards, and whether disaffiliation from a federation results in a loss of legal personality for a union. The Supreme Court held that an arbitral award has the force of a valid contract between the parties, and that disaffiliation from a federation does not result in a union losing its legal personality.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    CIRTEK EMPLOYEES v.

    CIRTEK ELECTRONICS
    G.R NO. 190515, June 6, 2011

    FACTS:
    Parties entered into a Memorandum of Agreement. Petitioner assailed the legality of the
    MOA. Respondent-movant maintains that the Secretary of Labor cannot insist on a ruling
    beyond the compromise agreement entered into by the parties; and that, as early as
    February 5, 2010, petitioner Union had already filed with the Department of Labor and
    Employment (DOLE) a resolution of disaffiliation from the Federation of Free Workers
    resulting in the latter’s lack of personality to represent the workers in the present case.
    Issues:
    1. WON Secretary of Labor is empowered to give arbitral awards in the exercise of his
    authority to assume jurisdiction over labor disputes.
    2. WON disaffiliation from the Federation of Free Workers resulted in the Union’s
    lack of personality.

    Held:
    1. While an arbitral award cannot per se be categorized as an agreement voluntarily
    entered into by the parties because it requires the interference and imposing
    power of the State thru the Secretary of Labor when he assumes jurisdiction, the
    award can be considered as an approximation of a collective bargaining agreement
    which would otherwise have been entered into by the parties. Hence, it has the
    force and effect of a valid contract obligation between the parties.

    2. A local union may disaffiliate at any time from its mother federation, absent any
    showing that the same is prohibited under its constitution or rule. Such, however,
    does not result in it losing its legal personality altogether. Verily, Anglo-KMU v.
    Samahan Ng Mga Manggagawang Nagkakaisa Sa Manila Bay Spinning Mills At J.P.
    Coats enlightens: A local labor union is a separate and distinct unit primarily
    designed to secure and maintain an equality of bargaining power between the
    employer and their employee-members. A local union does not owe its existence
    to the federation with which it is affiliated. It is a separate and distinct voluntary
    association owing its creation to the will of its members. The mere act of affiliation
    does not divest the local union of its own personality, neither does it give the
    mother federation the license to act independently of the local union. It only gives
    rise to a contract of agency where the former acts in representation of the latter.

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