Employees Union of Bayer Philippines vs Bayer Philippines

8/10/2019 Employees Union of Bayer Philippines vs Bayer Philippines

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EMPLOYEES UNION OF BAYER PHILIPPINES-FFW v. BAYER PHILIPPINES

FACTS:

Union president Juanito Facundo negotiated with the company for the signing of a CBA.

Deadlock ensued because the union rejected the companys proposal of a !.!" wage

increase. Union staged a strike until the #$%& assumed jurisdiction.

'hile the resolution of the dispute was pending( Avelina Remigio and 27 o!e" #nion

mem$e"% a&&e'ed !e &om'an()% '"o'o%al *i!o# an( a#!o"i( +"om !e #nion

leade"%. )he unions grie*ance committee reprimanded these members.

#$%& issued an arbitral award ordering the union and the company to e+ecute a CBA.

A CBA was signed. Barely si+ months later( Remigio %oli&ied %igna#"e% +"om ,7 o#

o+ 27 lo&al #nion mem$e"% in %#''o" o+ a "e%ol#ion "e/

o Disaffiliation from FF' and renaming to ,eformed &mployees Union of Bayer

-hils. /&' U/0$/1

o Adoption of a new constitution and by2laws( abolition of all e+isting officer

positions( and the election of a new set of interim officers

o Authori3ation of the new union to administer the CBA between the old union and

the company

Bo! +a&ion% %o#g! "e&ogniion +"om !e 0om'an( and demanded "emian&e o+

!e #nion d#e% &olle&ed +"om i% "an1-and-+ile mem$e"%. Fando a&%ed !e

&om'an( o+ ine"+e"ing *i! '#"el( #nion mae"%.

Ba(e" "e%'onded $( de&iding no o deal *i! ei!e" o+ !e *o g"o#'% and $(

'la&ing !e #nion d#e% &olle&ed in a "#% a&&o#n #nil !e &on+li& $e*een !e *o

g"o#'% i% "e%olved.

3!e old #nion +iled ULP 0ASE 4, again% !e &om'an( +o" non-"emian&e o+ #nion

d#e%.

)he old union asked for a grie*ance conference. Facundo did not attend the meeting( butsent two old union officers to inform the others that a pre*enti*e mediation conference

between the two groups has been scheduled on the following day. )he groups failed to

settle their issues. Another grie*ance meeting was asked but this time( this remainedunheeded.

3!e &om'an( de&ided o #"n ove" !e &olle&ed #nion d#e% o !e "ea%#"e" o+ !e

ne* #nion.

3!e old #nion +iled a &om'lain again% Remigio)% g"o#' $e+o"e !e 5OLE

Ind#%"ial Relaion% 5ivi%ion '"a(ing +o" !ei" e6'#l%ion +"om !e old #nion +o" a&%

!a !"eaen !e #nion)% li+e. 0OMPLAIN38

LA di%mi%%ed ULP 0ASE 4, +o" la&1 o+ 9#"i%di&ion.

o 3!e "oo &a#%e +o" Ba(e")% +ail#"e o "emi !e &olle&ed #nion d#e% &an $e"a&ed o !e in"a-#nion &on+li& $e*een EUBP and Remigio)% g"o#'. )he

charges imputed against the company should ha*e been submitted instead to

*oluntary arbitration.

3!e old #nion +iled ULP 0ASE 42 again% !e &om'an( and %ome o+ i% o++i&e"%

:'"e%iden and HR5 manage"; a% *ell a% again% Remigio and !e ne* #nion

"ea%#"e"


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o )he company refused to remit the collected union dues to the old union despite

se*eral demands.

o /otwithstanding the re4uests sent for a renegotiation of the last two years of the

5!!627885 CBA( the company opted to negotiate instead with ,emigios group.

3!e ne* #nion and !e &om'an( ag"eed o %ign a ne* 0BA.

3!e old #nion +iled an UR>EN3 MO3ION +o" a "e%"aining o"de"?in9#n&ion.o )he old union asserted their authority as the #&BA of the rank2and2files.

o )hey asked that a temporary restraining order be issued against ,emigios group

and the company to pre*ent the employees from ratifying the new CBA.

o 3!e amended &om'lain in&l#ded !e i%%#e o+ g"o%% violaion o+ !e 0BA +o"

violaion o+ !e &on"a& $a" "#le


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0OMPANY SAYS 3HERE IS NO ULP

U%- re4uisites not satisfied@*iolation of the CBA should be gross( and that it should

in*ol*e *iolation in the economic pro*isions of the

)he issues should ha*e been *entilated and threshed out before the *oluntary arbitrators

0ssue already moot and academic( following the lapse of the 5!!627885 CBA and their

renegotiation with the old union for the 78827886 CBA@ob*ious recognition that theold union is now the certified #&BA

REMI>IO AN5 NEW UNION 3REASURER SAY ULP 0ASE 42 SHOUL5 BE

5ISMISSE5 AS A>AINS3 3HEM

)hey are not real parties in interest against the U%- complaint against Bayer

)here are no specific or material acts imputed against them in the complaint

ISSUE & HOLDING:

'$/ there is U%- when the company negotiated with ,emigios group despite the CBA with

the old union. YES. ULP 0ASE 42 %!o#ld no !ave $een di%mi%%ed a% again% !e &om'an(

and i% o++i&e"%. >Correctly dismissed as against ,emigio and the new union treasurer?

RATIO:

An in"a-#nion di%'#erefers to any conflict between and among union members( including

grie*ances arising from any *iolation of the rights and conditions of membership( *iolation of ordisagreement o*er any pro*ision of the unions constitution and by2laws( or disputes arising from

chartering or disaffiliation of the union. Se&ion% , and 2 R#le @I o+ 5e'a"men O"de" No.- :2; en#me"ae !e +ollo*ing &i"m%an&e% a% ine"?in"a-#nion di%'#e%.

#&C)0$/ 5. Co*erage. 2 0nterintra2union disputes shall include

a? cancellation of registration of a labor organi3ation filed by its members or

by another labor organi3ationb? conduct of election of union and workers association officersnullification

of election of union and workers association officers

c? auditaccounts e+amination of union or workers association fundsd? deregistration of collecti*e bargaining agreements

e? *alidityin*alidity of union affiliation or disaffiliation

f? *alidityin*alidity of acceptancenon2acceptance for union membershipg? *alidityin*alidity of impeachmente+pulsion of union and workers

association officers and members

h? *alidityin*alidity of *oluntary recognitioni? opposition to application for union and CBA registration

j? *iolations of or disagreements o*er any pro*ision in a union or workersassociation CB%

k? disagreements o*er chartering or registration of labor organi3ations andCBA

l? *iolations of the rights and conditions of union or workers association

membershipm? *iolations of the rights of legitimate labor organi3ations( e+cept

interpretation of CBA


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n? such other disputes or conflicts in*ol*ing the rights to self2organi3ation(

union membership and collecti*e bargaining

5. between and among legitimate labor organi3ations7. between and among members of a union or workers association.

#&C)0$/ 7. Co*erage. E $ther related labor relations disputes shall include anyconflict between a labor union and the employer or any indi*idual( entity or group

that is not a labor organi3ation or workers association. )his includes >5?

cancellation of registration of unions and workers associations and >7? a petitionfor interpleader.

3!e i%%#e% "ai%ed $( !e Union do no +all #nde" an( o+ !e &i"m%an&e% &on%i#ing an

in"a-#nion di%'#e. 3!e( do no %ee1 a dee"minaion o+ *!e!e" i i% !e Fando g"o#'

o" !e Remigio g"o#' *!i&! i% !e "#e %e o+ #nion o++i&e"%. 3!e i%%#e "ai%ed 'e"ained onl(

o !e validi( o+ !e a&% o+ managemen in lig! o+ !e +a& !a i %ill !a% an e6i%ing 0BA

*i! EUBP.

WHY 3HE 0OMPLAIN3 A>AINS3 REMI>IO AN5 3HE NEW UNION 3REASURER

0ANNO3 PROSPER

)he issue( as against them( essentially in*ol*es an intra2union dispute. )o rule on the *alidity or

illegality of their acts( the %abor Arbiter and the /%,C will necessarily touch on the issues

respecting the propriety of their disaffiliation and the legality of the establishment of the newunion E issues that are outside the scope of their jurisdiction.

ON 0BA AS 3HE LAW BE3WEEN 3HE PAR3IES

A CBA is entered into in order to foster stability and mutual cooperation between labor andcapital. An employer should not be allowed to rescind unilaterally its CBA with the #&BA it

pre*iously contracted with( and decide to bargain with a different group if there is no legitimate

reason for doing so and without following the procedure. A CBA entered into becomes the lawbetween the parties >also emphasi3ed in the Certificate of ,egistrationissued by the D$%&?.

)his is to afford protection to laborand to promote industrial peace. 0f the employer grossly

*iolates its CBA( it may be held administrati*ely and criminally liable for U%-.A,). 7G.Duty to bargain collectively when there exists a CBA.E W!e"e !e"e i%

a 0BA !e d#( o $a"gain &olle&ivel( %!all al%o mean !a nei!e" 'a"(

%!all e"minae o" modi+( %#&! ag"eemen d#"ing i% li+eime.Howe*er( either

party can ser*e a written notice to terminate or modify the agreement at least si+ty>8? days prior to its e+piration date. 0t shall be the duty of both parties to keep the

status quoand to continue in full force and effect the terms and conditions of the

e+isting agreement during the 82day period andor until a new agreement isreached by the parties.

RE/ 3WO RECUISI3ES OF ULP

Silva v. NLRC>cf. %C 75? and %C 75?

o For a U%- case to be cogni3able by the %A( and for the /%,C to e+ercise

appellate jurisdiction thereon( the allegations in the complaint must showrima


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!aciethe concurrence of two things gross *iolation of the CBA( and the *iolation

pertains to the economic pro*isions of the CBA

Silva %!o#ld no $e &on%"#ed o a''l( o violaion% o+ !e 0BA *!i&! &an $e

&on%ide"ed a% g"o%% violaion%per se %#&! a% #e" di%"ega"d o+ !e ve"( e6i%en&e o+

!e 0BA i%el+.

o W!en an em'lo(e" '"o&eed% o negoiae *i! a %'line" #nion de%'ie !ee6i%en&e o+ a valid 0BA *i! !e SEBA !e +o"me" a$andon% i% "e&ogniion

o+ !e lae" and e"minae% !e 0BA.

3O3ALI3Y OF EDI5EN0E SHOWE5 3HA3 0OMPANY)S 0ON5U03 REES WI3H

AN3I-OL5 UNION ANIMUS

)hey knew that Facundos group represented the duly2elected officers of the old union.

)hey were cogni3ant of the fact that e*en the #$%& recogni3ed the legitimacy of the old

unions mandate by rendering an arbitral award ordering the signing of the 5!!627885

CBA with the old union.

)hey were aware of the pendency of the intra2union dispute case( yet they still proceeded

to turn o*er the collected union dues to the new union and to effusi*ely deal with,emigio.

WHY ISSUE IS NO3 MOO3 AN5 A0A5EMI0

A legitimate labor organi3ation cannot be construed to ha*e abandoned its pending claim

against the employer by returning to the negotiating table( e+cept when the pending claimhas been e+pressly wai*ed or compromised in its subse4uent negotiations with the

management.

o &%#& )antamount to subjecting industrial peace to the precondition that pre*ious

claims that labor may ha*e against capital must first be wai*ed or abandoned

before negotiations may resume. >Against public policyI?

0t did not obliterate the fact that the management withdrew its recognition of the old

union and supported the new union during the tumultuous implementation of the 5!!62

7885 CBA.

5ISPOSI3ION

-etition for re*iew on certiorari -A,)% 9,A/)&D

CA decision and resolution :$D0F0&D

Company( president( and H,D manager guilty of U%- and are ordered

o )o remit to old union the amount representing the collected union dues pre*iously

turned o*er to the new union

o )o pay old union nominal damages and attorneys fees Complaint against ,emigio and new union treasurer dismissed

Documents

Employees Union of Bayer Philippines vs Bayer Philippines