Labor2_midterms

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Unformatted text preview: of
 directors
 approving
the
affiliation;
 Minutes
 of
 the
 general
 membership
 meeting
 approving
the
affiliation;
 The
total
number
of
members
comprising
the
labor
 union
 and
 the
 names
 of
 members
 who
 approved
 the
affiliation;
 The
certificate
of
affiliation
issued
by
the
federation
 in
 favor
 of
 the
 independently
 registered
 labor
 union;
and
 Written
 notice
 to
 the
 employer
 concerned
 if
 the
 affiliating
union
is
the
incumbent
bargaining
agent.
 10. Disaffiliation
 • 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
 • • 9. Lalay
Abala.
ALS2014B.
Labor
II.
 • • • • To
 disaffiliate
 is
 a
 right,
 but
 to
 observe
 the
 terms
 of
 affiliation
 is
 an
 obligation
 Liberty
Cotton
Mills
Workers
Union
v.
Liberty
Cotton
Mills,
Inc.
 o In
 their
 CBA,
 company
 recognized
 the
 local
 union,
 represented
by
PAFLU,
as
the
sole
bargaining
agent
 o While
the
CBA
was
still
in
force,
32
out
of
36
members
of
the
 union
disaffiliated
from
PAFLU
 o The
mother
federation
requested
the
company
to
terminate
 the
employment
of
the
employees,
which
the
company
did
 o PAFLU,
acting
for
and
in
behalf
of
its
affiliate,
had
the
status
of
 an
agent
while
the
local
union
remained
the
basic
unit
of
the
 association,
 free
 to
 secure
 the
 common
 interest
 of
 all
 its
 members
 including
 the
 freedom
 to
 disaffiliate
 when
 the
 circumstances
 warrant.
 This
 was
 clearly
 stated
 in
 its
 constitution
 and
 by­laws
 which
 provided
 that
 the
 local
 union
 should
 remain
 an
 affiliate
 as
 long
 as
 10
 or
 more
 of
 the
 members
 evidence
 their
 desire
 to
 continue
 the
 affiliation.
 As
 only
4
did
not
sign
the
resolution
for
disaffiliation,
then
intent
 to
 disaffiliate
 was
 manifest.
 Hence,
 the
 dismissal
 from
 employment
was
not
justified
 Tropical
Hut
Employees
Union­CGW
v.
Tropical
Hut
Food
Market,
Inc.
 o When
 the
 local
 union
 withdrew
 from
 the
 old
 federation
 to
 join
a
new
one,
it
was
merely
exercising
its
primary
right
to
 self‐organization
 for
 the
 effective
 enhancement
 and
 protection
of
common
interests.
In
the
absence
of
enforceable
 provisions
 in
 the
 federation’s
 constitution
 preventing
 disaffiliation
of
a
local
union,
a
local
may
sever
its
relationship
 with
the
parent.
 Local
union
is
the
principal;
federation,
the
agent
 When
to
disaffiliate
 o Generally,
 a
 labor
 union
 may
 disaffiliate
 from
 the
 mother
 union
 to
 form
 a
 local
 or
 independent
 union
 only
 during
 the
 60‐day
 freedom
 period
 immediately
 preceding
 the
 expiration
of
the
CBA
 o The
freedom
period
refers
to
the
last
60
days
of
the
fifth
and
 last
year
of
a
CBA
 o But
 even
 before
 the
 onset
 of
 the
 freedom
 period,
 disaffiliation
 may
 still
 be
 carried
 out,
 but
 such
 must
 be
 effected
by
a
majority
of
the
members
in
the
bargaining
unit
 True
 only
 if
 the
 contract
 of
 affiliation
 does
 not
 specify
the
period
for
possible
disaffiliation
 If
it
does,
the
stipulation
must
be
observed
 Disaffiliation
must
be
by
majority
decision
 o Disaffiliation
 has
 to
 be
 decided
 by
 the
 entire
 membership
 through
secret
balloting
 o Disaffiliating
the
union
itself
from
its
mother
union
must
be
 supported
 by
 the
 majority
 of
 the
 members.
 If
 done
 by
 a
 minority,
the
act
may
constitute
disloyalty
 o Villar,
et
al
v.
Inciong
 40
 Petitioners
 (the
 disaffiliating
 union
 members)
 insist
that
their
disaffiliation
from
PAFLU
and
fling
 a
 petition
 for
 certification
 election
 are
 not
 acts
 of
 disloyalty
 but
 an
 exercise
 of
 their
 right
 to
 self‐ organization.
SC
thinks
otherwise.
 Had
 petitioners
 merely
 disaffiliated
 from
 the
 Amigo
 Employees
 Union­PAFLU,
 there
 could
 be
 no
 legal
 objections
thereto
for
it
was
their
right
to
do
so.
B...
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This document was uploaded on 03/11/2014.

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