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    Philippine Skylanders Vs NLRC

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    Cuddly
    This case involves a dispute between two labor unions - PSEA, which disaffiliated from PAFLU and affiliated with NCW, and PAFLU. PSEA validly disaffiliated from PAFLU as the records do not indicate PSEA was forbidden from disaffiliating or that any conditions were imposed. After disaffiliating, PSEA validly affiliated with NCW and entered into a collective bargaining agreement with the company on behalf of its members. The court upheld that PSEA's disaffiliation was legitimate and the company was reasonable to enter into an agreement with the new union, PSEA-NCW.

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    Philippine Skylanders Vs NLRC

    Uploaded by

    Cuddly
    143 views2 pages
    This case involves a dispute between two labor unions - PSEA, which disaffiliated from PAFLU and affiliated with NCW, and PAFLU. PSEA validly disaffiliated from PAFLU as the records do not indicate PSEA was forbidden from disaffiliating or that any conditions were imposed. After disaffiliating, PSEA validly affiliated with NCW and entered into a collective bargaining agreement with the company on behalf of its members. The court upheld that PSEA's disaffiliation was legitimate and the company was reasonable to enter into an agreement with the new union, PSEA-NCW.

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    Labor Relations

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    Philippine Skylanders vs NLRC

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    This case involves a dispute between two labor unions - PSEA, which disaffiliated from PAFLU and affiliated with NCW, and PAFLU. PSEA validly disaffiliated from PAFLU as the records do not indicate PSEA was forbidden from disaffiliating or that any conditions were imposed. After disaffiliating, PSEA validly affiliated with NCW and entered into a collective bargaining agreement with the company on behalf of its members. The court upheld that PSEA's disaffiliation was legitimate and the company was reasonable to enter into an agreement with the new union, PSEA-NCW.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    143 views2 pages

    Philippine Skylanders Vs NLRC

    Uploaded by

    Cuddly
    This case involves a dispute between two labor unions - PSEA, which disaffiliated from PAFLU and affiliated with NCW, and PAFLU. PSEA validly disaffiliated from PAFLU as the records do not indicate PSEA was forbidden from disaffiliating or that any conditions were imposed. After disaffiliating, PSEA validly affiliated with NCW and entered into a collective bargaining agreement with the company on behalf of its members. The court upheld that PSEA's disaffiliation was legitimate and the company was reasonable to enter into an agreement with the new union, PSEA-NCW.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Philippine Skylanders vs NLRC

    GR 127374

    Facts:

    In November 1993 the Philippine Skylanders Employees Association (PSEA), a local labor union affiliated
    with the Philippine Association of Free Labor Unions (PAFLU), won in the certification election
    conducted among the rank and file employees of Philippine Skylanders, Inc. (PSI). Its rival union,
    Philippine Skylanders Employees Association-WATU (PSEA-WATU) immediately protested the result of
    the election before the Secretary of Labor.

    Several months later, PSEA sent PAFLU a notice of disaffiliation.

    PSEA subsequently affiliated itself with the National Congress of Workers (NCW), changed its name to
    Philippine Skylanders Employees Association – National Congress of Workers (PSEA-NCW), and to
    maintain continuity within the organization, allowed the former officers of PSEA-PAFLU to continue
    occupying their positions as elected officers in the newly-formed PSEA-NCW.

    On 17 March 1994 PSEA-NCW entered into a collective bargaining agreement with PSI which was
    immediately registered with the Department of Labor and Employment.

    Meanwhile, apparently oblivious to PSEA’s shift of allegiance, PAFLU Secretary General Serafin Ayroso
    wrote Mariles C. Romulo requesting a copy of PSI’s audited financial statement. On 30 July 1994 PSI
    through its personnel manager Francisco Dakila denied the request citing as reason PSEA’s disaffiliation
    from PAFLU and its subsequent affiliation with NCW.

    Issue: WON PSEA’s disaffiliation is legitimate.

    Held:

    At the outset, let it be noted that the issue of disaffiliation is an inter-union conflict the jurisdiction of
    which properly lies with the Bureau of Labor Relations (BLR) and not with the Labor Arbiter.

    We upheld the right of local unions to separate from their mother federation on the ground that as
    separate and voluntary associations, local unions do not owe their creation and existence to the national
    federation to which they are affiliated but, instead, to the will of their members. Yet the local unions
    remain the basic units of association, free to serve their own interests subject to the restraints imposed
    by the constitution and by-laws of the national federation, and free also to renounce the affiliation upon
    the terms laid down in the agreement which brought such affiliation into existence.

    There is nothing shown in the records nor is it claimed by PAFLU that the local union was expressly
    forbidden to disaffiliate from the federation nor were there any conditions imposed for a valid
    breakaway. As such, the pendency of an election protest involving both the mother federation and the
    local union did not constitute a bar to a valid disaffiliation.

    It was entirely reasonable then for PSI to enter into a collective bargaining agreement with PSEA-NCW.
    As PSEA had validly severed itself from PAFLU, there would be no restrictions which could validly hinder
    it from subsequently affiliating with NCW and entering into a collective bargaining agreement in behalf
    of its members.
    Policy considerations dictate that in weighing the claims of a local union as against those of a national
    federation, those of the former must be preferred. Parenthetically though, the desires of the mother
    federation to protect its locals are not altogether to be shunned. It will however be to err greatly against
    the Constitution if the desires of the federation would be favored over those of its members. That, at
    any rate, is the policy of the law. For if it were otherwise, instead of protection, there would be
    disregard and neglect of the lowly workingmen.

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