![]() ![]() ![]() Metro Manila chanrobles virtual law libraryĭear Mr. The following day, Capitle sent OFC the following letter: The intraunion squabble came to a head when, on September 11, 1989, a resolution expelling petitioners from the SAMAHAN was issued by the aforesaid union officials headed by Capitle, together with board members George Ignas, Pio Domingo, and Jaime Baynado (pp. chanroblesvirtualawlibrary chanrobles virtual law library Petitioners' move to stage a strike based on economic demands was also later disowned by members of the SAMAHAN. Later, however, Romulo Erlano, one of the officers elected at the special election, manifested to the DOLE that he was no longer objecting to the remittance of union dues to the officers led by Capitle. Nonetheless, the elected set of officers tried to dissuade the OFC from remitting union dues to the officers led by Capitle who were allied with the FFW. Said election was, however, later questioned by the FFW. On September 10, 1989, petitioners conducted a special election of officers of the SAMAHAN (pp. However, on September 4, 1989, petitioners Diaz and Alex Ferrer withdrew the petition (p. The complaint was founded on said officers' alleged inattentiveness to the economic demands of the workers. On May 6, 1989, petitioner Alex Ferrer and the SAMAHAN, filed in the Department of Labor and Employment (DOLE), a complaint for the expulsion from SAMAHAN of the following officers: Genaro Capitle (president), Jesus Tumagan (vice-president), Godofredo Pacheco (auditor), and Marcelino Pacheco (board member) (Case No. The aforesaid request shall be accompanied by a verified carbon original of the Board of ( sic) Resolution by the UNION signed by at least a majority of its officers/directors. 3 - The parties agree that failure to retain membership in good standing with the UNION shall be ground for the operation of paragraph 1 hereof and the dismissal by the company of the aforesaid employee upon written request by the union. Xxx xxx xxx chanrobles virtual law library 1 - The company agrees that all permanent and regular factory workers in the company who are members in good standing of the union or who thereafter may become members, shall as a condition of continued employment, maintain their membership in the union in good standing for the duration of the agreement. Article II thereof provides for a union security clause thus: On January 5, 1989, the Samahang Manggagawa ng Occidental Foundry Corporation-FFW (SAMAHAN) and the OFC entered into a collective bargaining agreement (CBA) which would be effective for the three-year period between Octoand Septem(Memorandum for OFC and Hui Kam Chang, p. They had been in the employ of OFC for about ten years at the time of their dismissal in 1989 (p. As piece workers, petitioners' earnings ranged from P110 to P140 a day. Petitioners were regular and permanent employees of the Occidental Foundry Corporation (OFC) in Malanday, Valenzuela, Metro Manila which was under the management of Hui Kam Chang. Carpio dismissing the complaint for illegal dismissal and unfair labor practice on the ground that both the company and the union merely complied with the collective bargaining agreement provision sanctioning the termination of any employee who fails to retain membership in good standing with the union and (b) the NLRC resolution denying the motion for the reconsideration of said decision (NLRC NCR Case No. Zapanta) which affirmed in toto the decision of Apof Labor Arbiter Eduardo J. Diokno and concurred in by Presiding Commissioner Edna Bonto-Perez and Commissioner Domingo H. The petition for certiorari before us seeks to annul and set aside: (a) the decision dated Jof the Second Division of the National Labor Relations Commission (NLRC) (Penned by Commissioner Rustico L. VELASCO (In his capacity as representative of the Federation of Free Workers), GENARO CAPITLE, JESUS TUMAGAN, ERNESTO BARROGA, PEDRO LLENA, GODOFREDO PACHECO, MARCELINO CASTILLO, GEORGE IGNAS, PIO DOMINGO, and JAIME BAYNADO, Respondents. NATIONAL LABOR RELATIONS COMMISSION (SECOND DIVISION), HUI KAM CHANG (In his capacity as General Manager of Occidental Foundry Corporation), OCCIDENTAL FOUNDRY CORPORATION, MACEDONIO S. Home > ChanRobles Virtual Law Library > Philippine Supreme Court Jurisprudence >ĪLEX FERRER, RAFAEL FERRER HENRY DIAZ, DOMINGO BANCOLITA, GIL DE GUZMAN, and FEDERATION OF DEMOCRATIC LABOR UNIONS, (FEDLU), Petitioners, vs. ![]()
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