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    Freeman Shirt Manufacturing Co

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    Maya Tolentino
    The case involves 10 employees who were members of NAFLU, a minority union, at Freeman Shirt Manufacturing. After Freeman's union, Freeman Shirt Employees' Labor Union, won a certification election, the 10 employees refused to join within 30 days as required by the collective bargaining agreement between the company and the majority union. As a result, the company dismissed them at the majority union's request. The 10 employees filed a complaint alleging unfair labor practices. The Industrial Court ordered their reinstatement but absolved the company of charges. On appeal, the issue was whether a closed shop agreement can be applied to employees already members of a minority union. The court held that it cannot as that would negate employees' rights to join

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    Freeman Shirt Manufacturing Co

    Uploaded by

    Maya Tolentino
    101 views1 page
    The case involves 10 employees who were members of NAFLU, a minority union, at Freeman Shirt Manufacturing. After Freeman's union, Freeman Shirt Employees' Labor Union, won a certification election, the 10 employees refused to join within 30 days as required by the collective bargaining agreement between the company and the majority union. As a result, the company dismissed them at the majority union's request. The 10 employees filed a complaint alleging unfair labor practices. The Industrial Court ordered their reinstatement but absolved the company of charges. On appeal, the issue was whether a closed shop agreement can be applied to employees already members of a minority union. The court held that it cannot as that would negate employees' rights to join

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    The case involves 10 employees who were members of NAFLU, a minority union, at Freeman Shirt Manufacturing. After Freeman's union, Freeman Shirt Employees' Labor Union, won a certification election, the 10 employees refused to join within 30 days as required by the collective bargaining agreement between the company and the majority union. As a result, the company dismissed them at the majority union's request. The 10 employees filed a complaint alleging unfair labor practices. The Industrial Court ordered their reinstatement but absolved the company of charges. On appeal, the issue was whether a closed shop agreement can be applied to employees already members of a minority union. The court held that it cannot as that would negate employees' rights to join

    Copyright:

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

    Freeman Shirt Manufacturing Co

    Uploaded by

    Maya Tolentino
    The case involves 10 employees who were members of NAFLU, a minority union, at Freeman Shirt Manufacturing. After Freeman's union, Freeman Shirt Employees' Labor Union, won a certification election, the 10 employees refused to join within 30 days as required by the collective bargaining agreement between the company and the majority union. As a result, the company dismissed them at the majority union's request. The 10 employees filed a complaint alleging unfair labor practices. The Industrial Court ordered their reinstatement but absolved the company of charges. On appeal, the issue was whether a closed shop agreement can be applied to employees already members of a minority union. The court held that it cannot as that would negate employees' rights to join

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    FREEMAN SHIRT MANUFACTURING CO., INC.

    and SAW MUI


    vs
    CIR

    Freeman Shirt Employees Labor Union won over the Kapisanan ng mga Manggagawa Sa Damit
    Balangay (NAFLU) in a certification election, making the former the sole and exclusive bargaining
    representative of Freeman Shirt Manufacturing Co. Inc. The union security clause provided for in the CBA
    agreement between them stipulates:

    2. Union Security; Union Shop. Membership in the UNION shall be a condition to continued
    employment in the COMPANY. Employees who are not members of the UNION on the effectivity of this
    Agreement and who fails to become a member of the UNION within thirty (30) days after such date of
    effectivity, shall be dismissed by the COMPANY from employment upon notice of that fact by the
    UNION to the COMPANY; any person hired by the COMPANY during the term of this Agreement who fails
    to become a member of the UNION within thirty (30) days after becoming a regular employee shall
    likewise be dismissed upon notice of that fact by the UNION to the COMPANY. Any employee who, during
    the term of this Agreement, resigns from the UNION or is expelled therefrom in accordance with the
    Constitution and By-Laws of the UNION shall likewise be dismissed by the COMPANY upon notice of that
    fact by the UNION to the COMPANY.

    Ten employees, members of NAFLU, refused to join the union within the 30 day period, and were thus
    dismissed by the company upon the unions demand. They then filed a complaint for unfair labor practice
    against Freeman Shirt Manufacturing Co., its general manager, and Freeman Shirt Employees Labor
    Union, on the charge that the company has dominated the union, thus violating sec. 4(a) 1 of RA 875.

    The Industrial Court absolved the company of charges of unfair labor practice, but ordered the
    reinstatement of the said ten employees, prompting petitioner to appeal to this Court.

    ISSUE: w/n a closed shop agreement applies to employees already members of another union

    HELD: NO, such does not apply. Employees must be reinstated.

    The closed-shop agreement authorized under see. 4, subsec. a (4) of the Industrial Peace Act above
    quoted shouldapply to persons to be hired or to employees who are not yet members of any labor
    organization. It is inapplicable to those already in the service who are members of another union. To hold
    otherwise, i.e., that the employees in a company who are members of a minority union may be compelled
    to disaffiliate from their union and join the majority or contracting union, would render nugatory the right of
    all employees to self-organization and to form, join or assist labor organizations of their own choosing, a
    right guaranteed by the Industrial Peace Act (sec. 3, Rep. Act No. 875) as well as by the Constitution (Art.
    III, sec. 1[61).

    1 To discriminate in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization: Provided, That nothing
    in this Act or in any other Act or statute of the Republic of the Philippines shall preclude an employer from making an agreement with a labor organization to require as a condition of
    employment membership therein, if such labor organization is the representative of the employees as provided in section twelve;"

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