Held
Yes, Jun is correct that SIS Corporation cannot dismiss Yolanda solely on the union's request without following the proper procedure and that the intra-union dispute regarding Yolanda's expulsion should be settled with the Labor Relations Division of the Department of Labor and Employment, under Article 232 of the Labor Code and Rule XI, Sections 1 and 4 of the DOLE Issuances.
Explanation
The Department of Labor and Employment (DOLE), through its Bureau of Labor Relations and regional Labor Relations Divisions, has original and exclusive jurisdiction over all intra-union disputes, including the validity or invalidity of expulsion of union members or officers, as well as disputes involving union membership rights. This means that conflicts arising within a union, such as Yolanda's expulsion for malversation of union funds, must be resolved by the Labor Relations Division or the Med-Arbiter designated by DOLE, not directly by the employer.
The union security clause in a Collective Bargaining Agreement (CBA) may require all rank-and-file employees to be union members in good standing as a condition of employment. If a union member is expelled, the union may request the employer to enforce the clause by terminating the employee. However, the employer cannot summarily dismiss the employee without ensuring that the union's expulsion decision is supported by sufficient evidence and that the employee is afforded due process, including written notices and an opportunity to be heard.
The employer's role is to verify that the union's expulsion decision complies with due process and is justified. The employer cannot act solely on the union's request without independently determining the sufficiency of evidence and observing procedural safeguards. Moreover, intra-union disputes, such as challenges to expulsion, must be settled through the proper DOLE channels before the employer can lawfully terminate employment based on the union security clause.
Application to the facts
In this case, Yolanda was expelled from the union after being found guilty of malversation by the union's Disciplinary Committee. She appealed the decision. However, the sources do not establish whether the appeal suspends the effectivity of the expulsion or whether the expulsion is already final for purposes of the union security clause. The president of SIS-EWU requested SIS Corporation's HRD to dismiss Yolanda based on the union security clause. Jun, the HRD manager, correctly explained that the company cannot dismiss Yolanda on that ground yet because the intra-union dispute about her expulsion must first be resolved by the Labor Relations Division of DOLE, which has exclusive jurisdiction over such matters.
Jun's advice to settle the matter with the Labor Relations Division is consistent with the law that intra-union disputes, including the validity of expulsion, are within DOLE's exclusive authority. The employer must wait for the final resolution of the intra-union dispute before enforcing the union security clause to terminate Yolanda's employment. Furthermore, even if the expulsion is upheld, the employer must observe due process by giving Yolanda written notices and an opportunity to be heard before dismissal.
- a constitutional provision is among the sources and controls over any conflicting statute
"Inter/intra-union disputes shall include: a. Cancellation of registration of a labor organization filed by its members or by another labor organization; b. Conduct of election of union and workers' association officers/nullification of election of union and workers' association officers; c. Audit/accounts examination of union or workers' association funds; d. Deregistration of collective bargaining agreements; e. Validity/invalidity of union affiliation or disaffiliation; f. Validity/invalidity of acceptance/non-acceptance for union membership; g. Validity/invalidity of impeachment/expulsion of union and workers…
"Complaints or petitions involving labor unions with independent registrations, chartered locals, workers' associations, its officers or members shall be filed with the Regional Office that issued its certificate of registration or certificate of creation of chartered local. Complaints involving federations, national unions, industry unions, its officers or member organizations shall be filed with the Bureau. Petitions for cancellation of registration of labor unions with independent registration, chartered locals and workers association and petitions for deregistration of collective bargaining agreements shall b…
"The Bureau of Labor Relations and the Labor Relations Divisions in the regional offices of the Department of Labor shall have original and exclusive authority to act, at their own initiative or upon request of either or both parties, on all inter-union and intra-union conflicts, and all disputes, grievances or problems arising from or affecting labor-management relations in all workplaces, whether agricultural or non-agricultural, except those arising from the implementation or interpretation of collective bargaining agreements which shall be the subject of grievance procedure and/or voluntary arbitration. The B…
Under Article 232 of the Labor Code, the Bureau of Labor Relations and the Labor Relations Divisions in the regional offices of the Department of Labor and Employment have original and exclusive authority to act on all inter-union and intra-union conflicts, and all disputes, grievances or problems arising from or affecting labor-management relations in all workplaces, except those arising from the implementation or interpretation of collective bargaining agreements which shall be the subject of grievance procedure and/or voluntary arbitration.
Rule XI, Section 1 of the DOLE Issuances provides that inter/intra-union disputes include, among others, the validity or invalidity of impeachment or expulsion of union and workers' association officers and members, violations of the rights and conditions of union or workers' association membership, and other disputes involving the rights to self-organization, union membership and collective bargaining between and among members of a union or workers' association.
Rule XI, Section 4 of the DOLE Issuances states that complaints or petitions involving labor unions with independent registrations, chartered locals, workers' associations, its officers or members shall be filed with the Regional Office that issued its certificate of registration or certificate of creation of chartered local. Other inter/intra-union disputes and related labor relations disputes shall be heard and resolved by the Med-Arbiter in the Regional Office.
Article 259 of the Labor Code provides that it is unlawful for an employer to discriminate in regard to wages, hours of work and other terms and conditions of employment in order to encourage or discourage membership in any labor organization. However, the law allows the parties to require membership in a recognized collective bargaining agent as a condition for employment, except for certain employees already members of another union at the time of the signing of the collective bargaining agreement.
[[CASE HOLDING — Alabang Country Club v. National Labor Relations Commission, G.R. No. 170287 (2008-02-14)]] "Termination of employment by virtue of a union security clause embodied in a CBA is recognized and accepted in our jurisdiction... In terminating the employment of an employee by enforcing the union security clause, the employer needs only to determine and prove that: (1) the union security clause is applicable; (2) the union is requesting for the enforcement of the union security provision in the CBA; and (3) there is sufficient evidence to support the union's decision to expel the employee from the union. These requisites constitute just cause for terminating an employee based on the CBA's union security provision."
In General Milling Corporation v. Casio, the Supreme Court held that while the enforcement of union security clauses is authorized by law, such enforcement must not be arbitrary and must always observe due process. The employer must furnish the employee with written notice of the particular acts or omissions for which dismissal is sought, give the employee an opportunity to be heard, and subsequently inform the employee of the decision to dismiss. The absence of this procedure renders the dismissal illegal.
Laws retrieved
Everything retrieval surfaced, not only what the answer relied on. Read the ones it quotes.
- Section 1, Issuances of the Department of Labor and Employment and its Attached Agencies
- Section 4, Issuances of the Department of Labor and Employment and its Attached Agencies
- Article 232, Labor Relations
- Article 219, Labor Relations
- Article 259, Labor Relations
- Article 267, Labor Relations
- Section 3, The 1987 Constitution of the Republic of the Philippines
- Article 250, Labor Relations
- Article 289, Labor Relations
"Valid Grounds for Termination Under the Labor Code, an employee may be validly terminated on the following grounds: (1) just causes under Art. 282; (2) authorized causes under Art. 283; (3) termination due to disease under Art. 284; and (4) termination by the employee or resignation under Art. 285. Another cause for termination is dismissal from employment due to the enforcement of the union security clause in the CBA. Here, Art. II of the CBA on Union security contains the provisions on the Union shop and maintenance of membership shop. There is union shop when all new regular employees are required to join the…
"Moreover, a stipulation in the CBA authorizing the dismissal of employees are of equal import as the statutory provisions on dismissal under the Labor Code, since "a CBA is the law between the company and the union and compliance therewith is mandated by the express policy to give protection to labor."25 In terminating the employment of an employee by enforcing the union security clause, the employer needs only to determine and prove that: (1) the union security clause is applicable; (2) the union is requesting for the enforcement of the union security provision in the CBA; and (3) there is sufficient evidence t…
Cases retrieved
Everything retrieval surfaced, not only what the answer relied on. Read the ones it quotes.