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    Volkschel Labor Union vs. BLR, G.R. No. L-45824 (June 19, 1985)

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    Jolynne Anne Gatica
    Volkschel Labor Union sought to disaffiliate from the Associated Labor Union for Metal Workers (ALUMETAL) after a majority of its members decided to operate independently. Respondent companies asked the Bureau of Labor Relations for guidance on whether to continue deducting union dues for ALUMETAL after the disaffiliation. The Med-Arbiter found the disaffiliation legal but ruled dues should still be paid to ALUMETAL. The Bureau later reversed this and allowed the disaffiliation. The Supreme Court upheld the Bureau's ruling, finding that a local union has the right to disaffiliate from its mother union based on constitutional freedom of association protections, and the collective bargaining agreement did not prohibit withdrawal from ALU

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    Volkschel Labor Union vs. BLR, G.R. No. L-45824 (June 19, 1985)

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    Jolynne Anne Gatica
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    Volkschel Labor Union sought to disaffiliate from the Associated Labor Union for Metal Workers (ALUMETAL) after a majority of its members decided to operate independently. Respondent companies asked the Bureau of Labor Relations for guidance on whether to continue deducting union dues for ALUMETAL after the disaffiliation. The Med-Arbiter found the disaffiliation legal but ruled dues should still be paid to ALUMETAL. The Bureau later reversed this and allowed the disaffiliation. The Supreme Court upheld the Bureau's ruling, finding that a local union has the right to disaffiliate from its mother union based on constitutional freedom of association protections, and the collective bargaining agreement did not prohibit withdrawal from ALU

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    Volkschel Labor Union sought to disaffiliate from the Associated Labor Union for Metal Workers (ALUMETAL) after a majority of its members decided to operate independently. Respondent companies asked the Bureau of Labor Relations for guidance on whether to continue deducting union dues for ALUMETAL after the disaffiliation. The Med-Arbiter found the disaffiliation legal but ruled dues should still be paid to ALUMETAL. The Bureau later reversed this and allowed the disaffiliation. The Supreme Court upheld the Bureau's ruling, finding that a local union has the right to disaffiliate from its mother union based on constitutional freedom of association protections, and the collective bargaining agreement did not prohibit withdrawal from ALU

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    © All Rights Reserved
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    11 views1 page

    Volkschel Labor Union vs. BLR, G.R. No. L-45824 (June 19, 1985)

    Uploaded by

    Jolynne Anne Gatica
    Volkschel Labor Union sought to disaffiliate from the Associated Labor Union for Metal Workers (ALUMETAL) after a majority of its members decided to operate independently. Respondent companies asked the Bureau of Labor Relations for guidance on whether to continue deducting union dues for ALUMETAL after the disaffiliation. The Med-Arbiter found the disaffiliation legal but ruled dues should still be paid to ALUMETAL. The Bureau later reversed this and allowed the disaffiliation. The Supreme Court upheld the Bureau's ruling, finding that a local union has the right to disaffiliate from its mother union based on constitutional freedom of association protections, and the collective bargaining agreement did not prohibit withdrawal from ALU

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    DISAFFILIATION

    VOLKSCHEL LABOR UNION vs. BUREAU OF LABOR RELATIONS, ASSOCIATED LABOR


    UNION FOR METAL, WORKERS, DMG, INC., PEOPLE'S CAR, INC., KARBAYAN INC., and RTC
    TRADING, INC.
    G.R. No. L-45824, June 19, 1985
    CUEVAS, J.

    FACTS: Petitioner and the Associated Labor Union for Metal Workers (ALUMETAL), using the name of
    Volkschel Labor Union Associated Labor Union for Metal Workers, jointly entered into a CBA with
    respondent Companies. Under the CBA, respondent companies agreed to make payroll deductions for
    membership dues and remit the same to ALUMETAL. However, a majority of petitioner’s members
    decided to disaffiliate from ALUMETAL to operate as independent labor group. Confronted with the
    issue as to whether to continue deducting from employees' wages and remitting union dues, respondent
    companies sought the opinion of the Bureau of Labor Relations. Med-Arbiter found the disaffiliation
    legal but at the same time gave the opinion that, petitioner's members should continue paying their dues to
    ALUMETAL. Both petitioner and ALUMETAL appealed. The Acting Director reversed the Med-
    Arbiter’s resolution. Petitioner appealed to the Secretary of Labor which referred the appeal back to the
    Bureau. The Bureau denied the appeal. Hence, this petition.

    ISSUE: Whether petitioner’s disaffiliation from ALUMETAL is valid.

    RULING: YES.

    The right of a local union to disaffiliate from its mother union is well-settled. In previous cases, it has
    been repeatedly held that a local union, being a separate and voluntary association, is free to serve the
    interest of all its members including the freedom to disaffiliate when circumstances warrant. This right is
    consistent with the Constitutional guarantee of freedom of association (Article IV, Section 7, Philippine
    Constitution).

    Petitioner contends that the disaffiliation was not due to any opportunists motives on its part. Rather it
    was prompted by the federation's deliberate and habitual dereliction of duties as mother federation
    towards petitioner union. Employees' grievances were allegedly left unattended to by respondent
    federation to the detriment of the employees' rights and interests.

    In reversing the Med-Arbiter's resolution, respondent Bureau declared: the Department of Labor is set on
    a task to restructure the labor movement to the end that the workers will unite themselves along industry
    lines. Carried to its complete fruition, only one union for every industry will remain to bargain
    collectively for the workers. The clear policy therefore even now is to conjoin workers and worker
    groups, not to dismember them. This policy is commendable. However, we must not lose sight of the
    constitutional mandate of protecting labor and the workers' right to self-organization. In the
    implementation and interpretation of the provisions of the Labor Code and its implementing regulations,
    the workingman's welfare should be the primordial and paramount consideration. In the case at bar, it
    would go against the spirit of the labor law to restrict petitioner's right to self-organization due to the
    existence of the CBA. The Court agree with the Med-Arbiter's opinion that "A disaffiliation does not
    disturb the enforceability and administration of a collective agreement; it does not occasion a change of
    administrators of the contract nor even an amendment of the provisions thereof." But nowhere in the
    record does it appear that the contract entered into by the petitioner and ALUMETAL prohibits the
    withdrawal of the former from the latter.

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