Unformatted text preview: as an entity under the statute, is the true party in interest to the
contract, holding rights through the agency of the union representative. Thus, any exclusive interest claimed
by the agent is defeasible at the will of the principal.... (Emphasis supplied)
Stated otherwise, the "substitutionary" doctrine only provides that the employees cannot revoke the validly
executed collective bargaining contract with their employer by the simple expedient of changing their
bargaining agent. And it is in the light of this that the phrase "said new agent would have to respect said
contract" must be understood. It only means that the employees, thru their new bargaining agent, cannot
renege on their collective bargaining contract, except of course to negotiate with management for the
The "substitutionary" doctrine, therefore, cannot be invoked to support the contention that a newly certified
collective bargaining agent automatically assumes all the personal undertakings — like the nostrike
stipulation here — in the collective bargaining agreement made by the deposed union. When BBWU bound
itself and its officers not to strike, it could not have validly bound also all the other rival unions existing in the
bargaining units in question. BBWU was the agent of the employees, not of the other unions which possess
distinct personalities. To consider UNION contractually bound to the nostrike stipulation would therefore
violate the legal maxim that res inter alios nec prodest nec nocet.
Of course, UNION, as the newly certified bargaining agent, could always voluntarily assume all the personal
undertakings made by the displaced agent. But as the lower court found, there was no showing at all that,
prior to the strike, UNION formally adopted the existing CONTRACT as its own and assumed all the liability
ties imposed by the same upon BBWU.
BENGUET also alleges that UNION is now in estoppel to claim that it is not contractually bound by the
CONTRACT for having filed in the Court of First Instance of Baguio, entitled "Bobok Lumber Jack Ass'n. vs.
Benguet Consolidated, Inc....
View Full Document
- Fall '14