14ust faculty union vs. bitonio _ blr - gr no
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7/25/2019 14UST Faculty Union vs. Bitonio _ BLR - GR No
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commercial law, criminal law, and remedial law..
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FACTS:
Private respondent Marinio et al were duly elected officers of UST faculty. The union
has a 5-year CBA with its employer and is set to expire on May 31, 1998. OnOctober 5, 1996 various UST club presidents requested a general faculty assembly
thus union and non-union faculty members convened. New set of officers were
elected, violative of the CBL and that the GA wa s held with non-union members
present. Union officers were served with a notice to vacate the union office, and
CBA was ratified by an overwhelming majority. Med-Arbiter declared the election
violative of the CBL while BLR director Bitonio upheld the decision with a ruling that
the CBL which constituted the covenant between the union and its members could
not be suspended during the general assembly of all faculty members, since it ha not
been authorized by the union.
ISSUES:
Whether or not the public respondent committed grave abuse of discretion in
refusing to recognize the officers elected during the general assembly.
RULING:
Self-organization is a fundamental right guaranteed by the Constitution and the
Labor Code. Corollary to this right is the prerogative not to join, affiliate with or assist
a labor union. Therefore, to become a union member, an employee must not only
signify the intent to become one, but also take some positive steps to realize that
intent. The procedure for union membership is usually embodied in the unions CBL.
An employee who becomes a union member acquires the rights and he concomitant
obligations that go with the new status and becomes bound by the unions rules andregulations.
UST Faculty Union vs. Bitonio / BLR - GR No. 131235
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7/25/2019 14UST Faculty Union vs. Bitonio _ BLR - GR No
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