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the contract was renewedbymutualagreementof

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Unformatted text preview: and BCI Employees Workers Union­PAFLU" a motion praying for the dissolution of the ex parte writ of preliminary injunction issued therein, wherein the following appears: In that case, the CIR transfered the contactual rights of the BBWU to the defendant union. One of such rights transferred was the right to the modified union­shop — checked off union dues arrangement now under injunction. 40 The collective bargaining contract mentioned in the plaintiff's complaint did not expire by the mere fact that the defendant union was certified as bargaining agent in place of the BBWU. The Court of Industrial Relations in the case above mentioned made it clear that the collective bargaining contract would be respected unless and until the parties act otherwise. In effect, the defendant union by act of subrogation took the place of the BBWU as the UNION referred to in the contract. (Emphasis supplied) There is no estoppel. UNION did not assert the above statement against BENGUET to force it to rely upon the same to effect the union check­off in its favor. UNION and BENGUET were together as co­defendants in said Civil Case No. 1150. Rather, the statement was directed against Bobok Lumber Jack Ass'n., plaintiff therein, to weaken its cause of action. Moreover, BENGUET did not rely upon said statement. What prompted Bobok Lumber Jack Ass'n. to file the complaint for declaratory relief was the fact that "... the defendants [UNION and BENGUET] are planning to agree to the continuation of a modified union shop in the three camps mentioned above without giving the employees concerned the opportunity to express their wishes on the matter ..." BENGUET even went further in its answer filed on October 18, 1962, by asserting that "... defendants have already agreed to the continuation of the modified union shop provision in the collective bargaining agreement...." Neither can we accept BENGUET's contention that the inclusion of said aforequoted motion in the record on appeal filed in said Civil Cas...
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