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    15, Ren Transport v. NLRC

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    Rebecca Long
    Ren Transport Corp. had a collective bargaining agreement with Samahan ng Manggagawa sa Ren Transport (SMART) union that was set to expire on December 31, 2004. During the 60-day period before expiration, no other union challenged SMART's majority status. However, two SMART members formed a new union called Ren Transport Employees Association (RTEA). Ren Transport then stopped remitting union dues to SMART as required and voluntarily recognized RTEA as the sole bargaining agent. The Supreme Court ruled that (1) Ren Transport committed unfair labor practices by failing to bargain with SMART, and (2) interfered with employees' right to organize by supporting the new RTEA union over the

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    15, Ren Transport v. NLRC

    Uploaded by

    Rebecca Long
    602 views1 page
    Ren Transport Corp. had a collective bargaining agreement with Samahan ng Manggagawa sa Ren Transport (SMART) union that was set to expire on December 31, 2004. During the 60-day period before expiration, no other union challenged SMART's majority status. However, two SMART members formed a new union called Ren Transport Employees Association (RTEA). Ren Transport then stopped remitting union dues to SMART as required and voluntarily recognized RTEA as the sole bargaining agent. The Supreme Court ruled that (1) Ren Transport committed unfair labor practices by failing to bargain with SMART, and (2) interfered with employees' right to organize by supporting the new RTEA union over the

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    Ren Transport Corp. had a collective bargaining agreement with Samahan ng Manggagawa sa Ren Transport (SMART) union that was set to expire on December 31, 2004. During the 60-day period before expiration, no other union challenged SMART's majority status. However, two SMART members formed a new union called Ren Transport Employees Association (RTEA). Ren Transport then stopped remitting union dues to SMART as required and voluntarily recognized RTEA as the sole bargaining agent. The Supreme Court ruled that (1) Ren Transport committed unfair labor practices by failing to bargain with SMART, and (2) interfered with employees' right to organize by supporting the new RTEA union over the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    602 views1 page

    15, Ren Transport v. NLRC

    Uploaded by

    Rebecca Long
    Ren Transport Corp. had a collective bargaining agreement with Samahan ng Manggagawa sa Ren Transport (SMART) union that was set to expire on December 31, 2004. During the 60-day period before expiration, no other union challenged SMART's majority status. However, two SMART members formed a new union called Ren Transport Employees Association (RTEA). Ren Transport then stopped remitting union dues to SMART as required and voluntarily recognized RTEA as the sole bargaining agent. The Supreme Court ruled that (1) Ren Transport committed unfair labor practices by failing to bargain with SMART, and (2) interfered with employees' right to organize by supporting the new RTEA union over the

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    Ren Transport Corp. and/or Reynaldo Pazcoguin III Vs.

    National Labor Relations Commission,


    et al./Samahang Manggagawa sa REN Transport-Association of Democratic Labor Associations
    (SMART-ADLO) represented by Nestor Fulminar Vs. REN Transport Corp. and/or Reynaldo
    Pazcoguin III, G.R. No. 188020/G.R. No. 188252. June 27, 2016.

    SERENO, CJ

    FACTS: Samahan ng Manggagawa sa Ren Transport (SMART) is a registered union


    with a CBA with Ren Transport Corp. (Ren Transport) set to expire on Deceber 31,
    2004. The 60-day freedom period of the CBA passed without a challenge to SMART’s
    majority status as bargaining agent. Subsequently, two members of SMART wrote to
    DOLE-NCR informing the latter office that a majority of the members of SMART
    had decided to disaffiliate from their mother federation to from another union, Ren
    Transport Employees Association (RTEA) and SMART contested the same. Duringg
    the pendency of the disaffiliation dispute, Ren Transport stopped the remittance to
    SMART of the union dues as provided under the CBA. Further, Ren Transport
    voluntarily recognized RTEA as the sole and exclusive bargaining agent of their
    company.

    ISSUE\S: (1)Did Ren Transport commit acts of unfair labor practice?


    (2) Did Ren Transport interfere with the exercise of the employees’ right to self-
    organize?

    RULING: (1) YES. Violation of the duty to bargain collectively is an unfair labor
    practice under Article 258(g) of the Labor Code. Ren Transport had a duty to bargain
    collectively with SMART. Under Article 263 in relation to Article 267 of the Labor
    Code, it is during the freedom period – at the last 60 days before the expiration of the
    CBA – when another union may challenge the majority status of the bargaining agent
    through the filing of a petition for a certification election. In the present case, no
    petition for certification election challenging the majority status of SMART was filed
    during the freedom period, SMART therefore remained the exclusive bargaining agent
    of the rank-and-file employees.
    (2) YES. The Labor Arbiter found that the failure to remit the union dues to SMART
    and the voluntary recognition of RTEA were clear indications of interference with the
    employees’ right to self-ogranization.

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