Where neither party is an employer nor an employee of

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act
 of
baseness,
 vileness
or
depravity
in
the
private
or
social
duties
 which
 a
 man
 owes
 his
 fellowmen,
 or
 to
 society,
 contrary
 to
 accepted
 and
 customary
 rule
 of
 right
 and
 duty
 between
 man
 and
 man,
 or
 conduct
 44
 5. 6. 7. contrary
 to
 justice,
 honesty,
 modesty
 or
 good
 morals
 o No
 labor
 organization
 shall
 knowingly
 admit
 as
 member
 or
 continue
 in
 membership
 any
 individual
 who
 belongs
 to
 a
 subversive
 organization
 or
 who
 is
 engaged
 directly
 or
 indirectly
in
any
subversive
activity
 This
 disqualification
 applies
 with
 equal
 force
 to
 candidates
 in
 union
 elections
 
 one
 who
 cannot
 even
 be
 a
 member
 cannot
 be
 a
 candidate
 for
 an
 office
 • Union
election
protest:
proclamation
of
winners
 o A
complaint
or
protest
regarding
election
of
union
officers
 –
 a
subject
not
mentioned
at
all
in
the
Labor
Code
 –
is
treated
 by
the
IRR
as
an
intra/inter‐uniondispute
 Action
against
union
officers
 • A
union
officer,
after
his
election,
may
not
be
expelled
from
the
union
 for
past
malfeasance
or
misfeasance.
To
do
so
would
nullify
the
choice
 made
by
the
members
 • The
remedy
 against
erring
union
officers
is
not
referendum
but
union
 expulsion
 • Absent
 overriding
 considerations
 to
 the
 contrary,
 the
 will
 of
 the
 majority
 of
 the
 workers
 who
 voted
 in
 the
 elections
 should
 be
 respected
 • Even
 if
 the
 disqualification
 could
 be
 justified
 ,
 the
 candidates
 of
 petitioner
cannot
be
declared
as
the
winners
in
the
disputed
election.
 The
mere
fact
that
they
obtained
the
second
highest
number
of
votes
 does
 not
 mean
 that
 they
 will
 thereby
 be
 considered
 as
 the
 elected
 officers
if
the
true
winners
are
disqualified
 Due
process
in
impeachment
 • Litton
Mills
Employees
Association­kapatiran
v.
Ferrer­Calleja
 o There
 was
 a
 procedure
 set
 in
 the
 union’s
 CBL
 regarding
 impeachment
 o It
clearly
appears
that
the
procedure
was
not
followed
by
the
 petitioners
 when
 they
 impeached
 Umali.
 There
 was
 difficulty
 on
 the
 part
 of
 the
 petitioners
 in
 complying
 with
 the
 required
 procedure
 for
 impeachment
 considering
 that
 the
 petition
 to
 impeach
had
to
be
addressed
to
the
Chairman
of
the
Executive
 Board
of
the
Union,
and
that
the
majority
membership
which
 would
 decide
 on
 the
 impeachment
 had
 to
 be
 convened
 only
 upon
call
of
the
Chairman
of
the
Executive
Board,
who,
in
the
 case
 at
 bar,
 happened
 to
 be
 Umali
 himself.
 Petitioner
 should
 have
 shown
 substantial
 compliance
 with
 said
 impeachment
 procedure,
 by
 giving
 Umali
 ample
 opportunity
 to
 defend
 himself.
 Expulsion
of
member
 • Just
as
an
officer
is
entitled
to
due
process,
so
does
a
member
 • Ferrer,
et
al
v.
NLRC
 o Ferrer
 and
 companions
 filed
 with
 the
 DOLE
 a
 complaint
 seeking
the
expulsion
from
 SAMAHAN
of
its
officers
headed
 by
 Capitle
 allegedly
 because
 the
 officers
 failed
 to
 attend
 to
 Lalay
Abala.
ALS2014B.
Labor
II.
 8. 9. the
 economic
 demands
 of
 the
 workers.
 New
 officers
 were
 elected.
 Election
 was
 objected
 to
 by
 FFW.
 Union
 officials
 thereafter
 expelled
 Ferrer,
 et
 al
 from
 the
 union
 and
 demanded
 from
 the
 company
 the
 termination
 of
 their
 employment
 o The
 union
 has
 a
 specific
 provision
 for
 the
 permanent
 or
 temporary
“expulsion”
of
its
erring
members
in
its
constitution
 and
 by­laws.
 The
 provision
 requires
 that
 there
 be
 a
 hearing.
 Yet,
no
hearing
was
ever
conducted
by
the
SAMAHAN
to
look
 into
 petitioners’
 explanation
 of
 their
 moves
 to
 oust
 the
 union
 leadership.
While
it
is
true
that
petitioners’
actions
might
have
 precipitated
 divisiveness,
 and,
 later,
 showed
 disloyalty
 to
 the
 union,
 still,
 the
 SAMAHAN
 should
 have
 observed
 its
 own
 constitution
and
by­laws
by
giving
petitioners
an
opportunity
 to
 air
 their
 side
 and
 explain
 their
 moves.
 If,
 after
 an
 investigation
 the
 petitioners
 were
 found
 to
 have
 violated
 union
 rules,
 then
 and
 only
 then
 should
 they
 be
 subjected
 to
 proper
disciplinary
measures
 • Expulsion
 of
 a
 member
 for
 arbitrary
 or
 impetuous
 reasons
 may
 amount
to
ULP
by
the
union
 Relief
with
the
union
 • Generally,...
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