Msmg-Uwp vs. Ramos

MSMG-UWP VS.
Ramos
G.R. No. 113907 February 28, 2000
FACTS: Petitioner Malayang Samahan ng mga Manggagawa sa M. Greenfield, Inc.,

(MSMG or local union), is an affiliate of United Lumber and General Workers of the
Philippines (ULGWP), referred to as the "federation". The CBA between MSMG/ULGWP
and M. Greenfield, Inc. includes a Union Security clause which mandates that all
employees who are covered must be presently members of the UNION and shall
remain members of the UNION for the duration of the Agreement as a condition
precedent to continued employment with the COMPANY.The local union held a general
membership meeting in which several union members failed to attend.The local union
wrote respondent company a letter requesting it to deduct the union fines from the
wages/salaries of those union members who failed to attend the general membership
meeting. The Secretary General of the national federation disapproved the resolution of
the local union imposing the P50.00 fine. The union officers protested such action by the
Federation.
The imposition of P50.00 fine became the subject of bitter disagreement between
the Federation and the local union culminating in the latter’s declaration of general
autonomy from the former through a Resolution passed by the local executive board
and ratified by the general membership.
In retaliation, the national federation asked respondent company to stop the
remittance of the local union’s share in the education funds (a benefit from the CBA).
This was objected to by the local union which demanded that the education fund be
remitted to it in full. The company was thus constrained to file a Complaint for
Interpleader with a Petition for Declaratory Relief with the Med-Arbitration Branch of
DOLE.
Meanwhile, the officials of ULGWP called a Special National Executive Board
where a Resolution was passed placing the MSMG under trusteeship and appointing
respondent Cesar Clarete as administrator. The said administrator wrote the respondent
company informing the latter of its designation of a certain Alfredo Kalingking as local
union president and "disauthorizing" the incumbent union officers from representing the
employees. This action by the national federation was protested by the petitioners in a
letter to respondent company dated November 11, 1988. The federation advised
respondent company of the expulsion of the 30 union officers and demanded their
separation from employment pursuant to the Union Security Clause in their collective
bargaining agreement. Under the pressure of a threatened strike, respondent company
terminated the 30 union officers from employment, serving them identical copies of the
termination letter.
On December 15, 1992, finding the termination to be valid in compliance with the
union security clause of the collective bargaining agreement, Labor Arbiter Cresencio
Ramos dismissed the complaint.
ISSUE: Whether or not respondent company was justified in dismissing petitioner
employees merely upon the labor federation's demand for the enforcement of the union
security clause embodied in their collective bargaining agreement.
RULING: NO.Although this Court has ruled that union security clauses embodied in the
collective bargaining agreement may be validly enforced and that dismissals pursuant
thereto may likewise be valid, this does not erode the fundamental requirement of due
process. The reason behind the enforcement of union security clauses which is the
sanctity and inviolability of contracts cannot override one's right to due process.
In the case under scrutiny, petitioner union officers were expelled by the federation for
allegedly committing acts of disloyalty and/or inimical to the interest of ULGWP and in
violation of its Constitution and By-laws. Upon demand of the federation, the company
terminated the petitioners without conducting a separate and independent investigation.
Respondent company did not inquire into the cause of the expulsion and whether or not
the federation had sufficient grounds to effect the same. Relying merely upon the
federation's allegations, respondent company terminated petitioners from employment
when a separate inquiry could have revealed if the federation had acted arbitrarily and
capriciously in expelling the union officers. Respondent company's allegation that
petitioners were accorded due process is belied by the termination letters received by
the petitioners which state that the dismissal shall be immediately effective.
As held in the aforecited case of Cariño, "the right of an employee to be informed of the
charges against him and to reasonable opportunity to present his side in a controversy
with either the company or his own union is not wiped away by a union security clause
or a union shop clause in a collective bargaining agreement. An employee is entitled to
be protected not only from a company which disregards his rights but also from his own
union the leadership of which could yield to the temptation of swift and arbitrary
expulsion from membership and mere dismissal from his job.
While respondent company may validly dismiss the employees expelled by the union for
disloyalty under the union security clause of the collective bargaining agreement upon
the recommendation by the union, this dismissal should not be done hastily and
summarily thereby eroding the employees' right to due process, self-organization and
security of tenure. The enforcement of union security clauses is authorized by law
provided such enforcement is not characterized by arbitrariness, and always with due
process. Even on the assumption that the federation had valid grounds to expel the
union officers, due process requires that these union officers be accorded a separate
hearing by respondent company.
A local union has the right to disaffiliate from its mother union or declare its autonomy. A
local union, being a separate and voluntary association, is free to serve the interests of
all its members including the freedom to disaffiliate or declare its autonomy from the
federation to which it belongs when circumstances warrant, in accordance with the
constitutional guarantee of freedom of association.
There is no disloyalty to speak of, neither is there any violation of the federation's
constitution because there is nothing in the said constitution which specifically prohibits
disaffiliation or declaration of autonomy. Hence, there cannot be any valid dismissal
because Article II, Section 4 of the union security clause in the CBA limits the dismissal
to only three (3) grounds, to wit: failure to maintain membership in the union (1) for non-
payment of union dues, (2) for resignation; and (3) for violation of the union's
Constitution and By-Laws.

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MSMG-UWP VS.

FACTS: Petitioner Malayang Samahan ng mga Manggagawa sa M. Greenfield, Inc.,

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