8/10/2019 LABOR LAW Case Doctrines 1.docx

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LABOR LAW Case Doctrines

Palacol vs. Ferrer-Calleja182 SCRA 710

Labor Standards; Labor Relations; Collective Bargaining; Special Assessments.Strict compliance with legal requirements regarding special assessments must be observed.The respondent-Union brushed aside the defects pointed out by petitioners in the mannerof compliance with the legal requirements as insignicant technicalities. !n the contrary"the failure of the Union to comply strictly with the requirements set out by the lawinvalidates the questioned special assessment. Substantial compliance is not enough in viewof the fact that the special assessment will diminish the compensation of the unionmembers. Their e#press consent is required" and this consent must be obtained inaccordance with the steps outlined by law" which must be followed to the letter. $oshortcuts are allowed.

Written resolution of a majority of all members of the union at a general membershipmeeting, required for validity of levy of a special assessment.

%ithdrawal of individual authori&ation is equivalent to no authori&ation at all' The law doesnot require that the disauthori&ation must be in individual form.

(ayment of services rendered by union o)cers" not to be ta*en from special assessmentsbut from regular union dues.

Pili!!ines Airlines" #nc. v Santos" $r.218 SCRA %1&

Labor Law; Appeals' +vidently basic and rmly settled is the rule that ,udicial review bythis ourt in labor cases does not go so far as to evaluate the su)ciency of the evidenceupon which the labor o)cer or o)ce based his or its determination" but is limited to issuesof ,urisdiction and grave abuse of discretion. t has not been shown that respondent $/0has unlawfully neglected the performance of an act which the law specically en,oins it to

perform as a duty or has otherwise unlawfully e#cluded petitioner from the e#ercise of aright to which it is entitled.

Constitutional Law; t is a fact that the sympathy of the ourt is on the side of thelaboring classes" not only because the onstitution imposes such sympathy" but because ofthe one-sided relation between labor and capital. The constitutional mandate for the

protection of labor is as e#plicit as it is demanding. The purpose is to place the wor*ingmanon an equal plane with managementwith all its power and in1uencein negotiating for theadvancement of his interests and the defense of his rights. Under the policy of social ,ustice"the law bends over bac*ward to accommodate the interests of the wor*ing class on thehumane ,ustication that those with less privileges in life should have more privileges in law.