Case Digest (G.R. No. L-22456)
Facts:
Francisco Salunga v. Court of Industrial Relations; San Miguel Brewery, Inc., & Miguel Noel; National Brewery & Allied Industries Labor Union of the Philippines (NABAILUP-PAFLU), John De Castillo & Cipriano Cid, G.R. No. L-22456, September 27, 1967, the Supreme Court En Banc, Concepcion, C.J., writing for the Court.
Petitioner Francisco Salunga was a long‑time employee of San Miguel Brewery, Inc. (the Company) and a member of NABAILUP‑PAFLU (the Union) since 1953. On October 2, 1959 the Company and the Union executed a collective bargaining agreement effective until June 30, 1962; Article II, Section 3 contained a maintenance‑of‑membership / closed‑shop type provision requiring that covered employees who were union members not voluntarily resign earlier than thirty days before the agreement's expiry, while stating the Company was not required to "enforce any sanction whatsoever" against failure to retain membership except for voluntary resignation or nonpayment of dues (Exh. 4‑A).
On August 18, 1961 Salunga tendered his resignation from the Union; the Union accepted it on August 26 and transmitted acceptance to the Company on August 29, requesting immediate implementation of Section 3. After being informed by the Company that resignation would mean loss of employment under the agreement, Salunga on August 31 wrote the Union revoking his resignation and asked that union dues continue to be deducted; he also furnished the Company a copy. Initially the Company told both parties it would consider Salunga still a member and would not act; on September 8 the Union declared Salunga could not be reinstated and insisted on his separation. The Company warned Salunga of the consequences and, after further insistence by the Union, notified him on September 22 that his dismissal would take effect September 30.
Salunga sought review with the Union's mother federation, PAFLU, whose national president Cipriano Cid on October 6 informed him PAFLU found no ground to reverse the Union. Salunga then alleged an appeal to the PAFLU National Convention (October 11) and asked for a status‑quo pending the Convention, but the Company dismissed him on October 15 through its vice‑president Miguel Noel. Thereafter (on or about December 7, 1961) a prosecutor of the Court of Industrial Relations (CIR) filed unfair labor practice charges against the Union, its president John de Castillo, PAFLU president Cipriano Cid, the Company and Noel.
The trial Judge of the CIR found respondents guilty of unfair labor practices, ordered the Union to readmit Salunga (upon payment of dues) with full membership rights, and directed the Company to reinstate him in his former or substantially...(Subscriber-Only)
Issues:
- Did the Union commit an unfair labor practice by refusing to readmit petitioner and insisting on his dismissal despite his revocation of resignation?
- Was the Company guilty of an unfair labor practice for dismissing petitioner before the PAFLU National Convention acted or while appeals were pending?
- What are the appropriate remedies and the party(ies) liable ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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