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Whether The Act of Asking Help From Another Union Constitutes Disloyalty

Two employees were expelled from their union for alleged "disloyalty" after seeking help from another union and were subsequently terminated per the collective bargaining agreement's union security clause. The employees argued their dismissal was invalid as merely seeking help does not constitute disloyalty. The Supreme Court ruled in favor of the employees, finding that seeking help from another union out of desperation cannot be seen as an act of disloyalty as intended in the CBA.

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16 views

Whether The Act of Asking Help From Another Union Constitutes Disloyalty

Two employees were expelled from their union for alleged "disloyalty" after seeking help from another union and were subsequently terminated per the collective bargaining agreement's union security clause. The employees argued their dismissal was invalid as merely seeking help does not constitute disloyalty. The Supreme Court ruled in favor of the employees, finding that seeking help from another union out of desperation cannot be seen as an act of disloyalty as intended in the CBA.

Uploaded by

Dux Alair L
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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RANCE VS.

NLRC FACTS: Polybag Manufacturing Corporation and Polybag Workers Union entered into a CBA which provides a union security clause which states that a union member who loses his membership in the union shall be dismissed from service by the company. Petitioners, who were members of the Polybag Workers Union, were expelled by said union for disloyalty for allegedly joining the National Federation of Labor Union (NAFLU). Because of the expulsion, petitioners were dismissed by the Corporation upon the unions demand. Both the Labor Arbiter and the NLRC found the CBA and theunion security clause valid and considered the termination of petitioners justified. Petitioners argue that their dismissal is not valid because they did not affiliate with the NAFLU. They claim that there is a connivance between respondents Company and Union in their illegal dismissal in order to avoid the payment of separation pay by respondent company. Issue: Whether the act of asking help from another union constitutes disloyalty Held: NO The mere act of seeking help from the NAFLU cannot constitute disloyalty as contemplated in the Collective Bargaining Agreement. At most it was an act of self-preservation of workers who, driven to desperation found shelter in the NAFLU who took the cudgels for them.

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