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    16 Del Pilar Academy Vs Del Pilar Academy Employees Union

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    Michael Gargantiel Carneo
    This case involves a dispute between a teachers union (the UNION) and a private school (DEL PILAR) over the collection of agency fees from non-union members and amendments to their collective bargaining agreement (CBA). The UNION negotiated benefits for both union and non-union teachers in the CBA. DEL PILAR refused to deduct agency fees from non-union teachers' pay without individual authorization. The court ruled that the UNION is entitled to collect agency fees from non-union members without individual authorization because they benefit from the CBA negotiated by the UNION. The basis for this is quasi-contractual - non-union members cannot unjustly enrich themselves from a CBA negotiated by the UNION.

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    16 Del Pilar Academy Vs Del Pilar Academy Employees Union

    Uploaded by

    Michael Gargantiel Carneo
    424 views2 pages
    This case involves a dispute between a teachers union (the UNION) and a private school (DEL PILAR) over the collection of agency fees from non-union members and amendments to their collective bargaining agreement (CBA). The UNION negotiated benefits for both union and non-union teachers in the CBA. DEL PILAR refused to deduct agency fees from non-union teachers' pay without individual authorization. The court ruled that the UNION is entitled to collect agency fees from non-union members without individual authorization because they benefit from the CBA negotiated by the UNION. The basis for this is quasi-contractual - non-union members cannot unjustly enrich themselves from a CBA negotiated by the UNION.

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    16 Del Pilar Academy vs Del Pilar Academy Employees Union

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    This case involves a dispute between a teachers union (the UNION) and a private school (DEL PILAR) over the collection of agency fees from non-union members and amendments to their collective bargaining agreement (CBA). The UNION negotiated benefits for both union and non-union teachers in the CBA. DEL PILAR refused to deduct agency fees from non-union teachers' pay without individual authorization. The court ruled that the UNION is entitled to collect agency fees from non-union members without individual authorization because they benefit from the CBA negotiated by the UNION. The basis for this is quasi-contractual - non-union members cannot unjustly enrich themselves from a CBA negotiated by the UNION.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    424 views2 pages

    16 Del Pilar Academy Vs Del Pilar Academy Employees Union

    Uploaded by

    Michael Gargantiel Carneo
    This case involves a dispute between a teachers union (the UNION) and a private school (DEL PILAR) over the collection of agency fees from non-union members and amendments to their collective bargaining agreement (CBA). The UNION negotiated benefits for both union and non-union teachers in the CBA. DEL PILAR refused to deduct agency fees from non-union teachers' pay without individual authorization. The court ruled that the UNION is entitled to collect agency fees from non-union members without individual authorization because they benefit from the CBA negotiated by the UNION. The basis for this is quasi-contractual - non-union members cannot unjustly enrich themselves from a CBA negotiated by the UNION.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    G.R. No. 170112 April 30, 2008 DEL PILAR ACADEMY, EDUARDO ESPEJO and ELISEO OCAMPO, JR.

    , petitioners, vs. DEL PILAR ACADEMY EMPLOYEES UNION, respondents. NACHURA, J.: FACTS: Respondent Del Pilar Academy Employees Union (the UNION) is the certified collective bargaining representative of teaching and non-teaching personnel of petitioner Del Pilar Academy (DEL PILAR), an educational institution operating in Imus, Cavite.The UNION and DEL PILAR entered into a Collective Bargaining Agreement (CBA) granting salary increase and other benefits to the teaching and non-teaching staff. The UNION then assessed agency fees from non-union employees, and requested DEL PILAR to deduct said assessment from the employees salaries and wages. DEL PILAR, however, refused to effect deductions claiming that the non-union employees were not amenable to it. The UNION negotiated for the renewal of the CBA. DEL PILAR, however, refused to renew the same unless the provision regarding entitlement to two (2) months summer vacation leave with pay will be amended by limiting the same to teachers, who have rendered at least three (3) consecutive academic years of satisfactory service. The UNION objected to the proposal claiming diminution of benefits. DEL PILAR refused to sign the CBA, resulting in a deadlock. The UNION requested DEL PILAR to submit the case for voluntary arbitration, but the latter allegedly refused, prompting the UNION to file a case for unfair labor practice with the Labor Arbiter against DEL PILAR; Eduardo Espejo, its president; and Eliseo Ocampo, Jr., chairman of the Board of Trustees. DEL PILAR denied committing unfair labor practices against the UNION. It justified the non-deduction of the agency fees by the absence of individual check off authorization from the non-union employees. As regards the proposal to amend the provision on summer vacation leave with pay, DEL PILAR alleged that the proposal cannot be considered unfair for it was done to make the provision of the CBA conformable to the DECS Manual of Regulations for Private Schools. The Labor Arbiter ruled that a finding of unfair labor practice cannot be had considering the lack of evidence on record that said acts were done to undermine the union or stifle the members right to self organization or that the [petitioners] were in bad faith. If at all, its error may have been the result of a mistaken notion that individual check-off authorization is needed for it to be able to validly and legally deduct assessment especially after individual[s] concerned registered their objection. On the other hand, it is not error to negotiate for a better term in the CBA. So long as [the] parties will agree. It must be noted that a CBA is a contract between labor and management and is not simply a litany of benefits for labor. Moreso, for unfair labor practice to prosper, there must be a clear showing of acts aimed at stifling the workers right to selforganization. Mere allegations and mistake notions would not suffice. The NLRC affirmed the decision of the Labor Arbiter. On appeal, the CA upheld the UNIONs right to collect agency fees from non-union employees, but did not adjudge DEL PILAR liable for unfair labor practice. However, it ordered DEL PILAR to deduct agency fees from the salaries of non-union employees. ISSUE: WON the UNION is entitled to collect agency fees from non-union members, and if so, whether an individual written authorization is necessary for a valid check off HELD: Yes, the union is entitled to collect agency fees from non-union members.

    Contrary to what DEL PILAR wants to portray, the grant of annual salary increase is not the only provision in the CBA that benefited the non-union employees. The UNION negotiated for other benefits, namely, limitations on teaching assignments to 23 hours per week, additional compensation for overload units or teaching assignments in excess of the 23 hour per week limit, and payment of longevity pay. It also negotiated for entitlement to summer vacation leave with pay for two (2) months for teaching staff who have rendered six (6) consecutive semesters of service. For the non-teaching personnel, the UNION worked for their entitlement to fifteen (15) days leave with pay. These provisions in the CBA surely benefited the non-union employees, justifying the collection of, and the UNIONs entitlement to, agency fees. Accordingly, no requirement of written authorization from the non-union employees is needed to effect a valid check off. Article 248(e) makes it explicit that Article 241, paragraph (o), requiring written authorization is inapplicable to non-union members, and especially in this case where the non-union employees receive several benefits under the CBA. As explained by this Court in Holy Cross of Davao College, Inc. v. Hon. Joaquin viz.: The employee's acceptance of benefits resulting from a collective bargaining agreement justifies the deduction of agency fees from his pay and the union's entitlement thereto. In this aspect, the legal basis of the union's right to agency fees is neither contractual nor statutory, but quasi-contractual, deriving from the established principle that non-union employees may not unjustly enrich themselves by benefiting from employment conditions negotiated by the bargaining union.

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