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    The Supreme Court ruled in favor of the petitioners in this case involving a dispute over union membership eligibility. [1] The Court found that 81 employees whose union dues were stopped were not managerial, fiduciary, or confidential and thus eligible for membership. [2] It also determined that stopping the dues deductions did not constitute an unfair labor practice or infringe on the right to self-organize, as the employer acted based on its interpretation of the CBA rather than ill will. [3] The resolution of the Court of Appeals was set aside.

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    Case Ponente Topic

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    The Supreme Court ruled in favor of the petitioners in this case involving a dispute over union membership eligibility. [1] The Court found that 81 employees whose union dues were stopped were not managerial, fiduciary, or confidential and thus eligible for membership. [2] It also determined that stopping the dues deductions did not constitute an unfair labor practice or infringe on the right to self-organize, as the employer acted based on its interpretation of the CBA rather than ill will. [3] The resolution of the Court of Appeals was set aside.

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    16. TUNAY V. CA

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    The Supreme Court ruled in favor of the petitioners in this case involving a dispute over union membership eligibility. [1] The Court found that 81 employees whose union dues were stopped were not managerial, fiduciary, or confidential and thus eligible for membership. [2] It also determined that stopping the dues deductions did not constitute an unfair labor practice or infringe on the right to self-organize, as the employer acted based on its interpretation of the CBA rather than ill will. [3] The resolution of the Court of Appeals was set aside.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    115 views2 pages

    Case Ponente Topic

    Uploaded by

    SophiaFrancescaEspinosa
    The Supreme Court ruled in favor of the petitioners in this case involving a dispute over union membership eligibility. [1] The Court found that 81 employees whose union dues were stopped were not managerial, fiduciary, or confidential and thus eligible for membership. [2] It also determined that stopping the dues deductions did not constitute an unfair labor practice or infringe on the right to self-organize, as the employer acted based on its interpretation of the CBA rather than ill will. [3] The resolution of the Court of Appeals was set aside.

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    of 2

    CASE TUNAY NA PAGKAKAISA NG MANGGAGAWA NG ABI V.

    ASIA BREWERY,
    INC. | GR No. 162025 | August 3, 2010
    PONENTE VILLARAMA, J.
    TOPIC Right to Self Organization

    Case at bar: Appeal by certiorari assailing the CA resolution granting the petition of Asia Brewery and
    reversing the VA’s decision

    FACTS
    1. Bisig at Lakas ng mga Manggagawa sa Asia-Independent used to be the exclusive bargaining
    rep. of ABI’s rank-and-file employees.
    2. ABI and BLMA signed a CBA effective from Aug 1, 2003 to July 31, 2003.
    3. In the Article I of the CBA, the employees eligible to be members of the Union were laid down
    to comprise all regular rank-and-file daily paid employees of the Company, but EXCLUDING:

    1. Managers
    2. Assistant Managers
    3. Section Heads
    4. Supervisors
    5. Superintendents
    6. Confidential and Executive Secretaries
    7. Personnel, Accounting and Marketing Staff 8. Communications Personnel
    9. Probationary Employees
    10. Security and Fire Brigade Personnel
    11. Monthly Employees
    12. Purchasing and Quality Control Staff

    4. ABI’s management suddenly stopped deducting union dues from 81 employees, as their
    membership in BLMA violated the CBA. Eighteen of these affected employees are QA
    Sampling Inspectors/Inspectresses and Machine Gauge Technician who formed part of the
    Quality Control Staff. Twenty (20) checkers are assigned at the Materials Department of the
    Administration Division, Full Goods Department of the Brewery Division and Packaging
    Division. The rest are secretaries/clerks directly under their respective division managers.
    5. BLMI claimed that such restricted the employees’ right to self-organization, so they brought the
    matter to the grievance machinery.
    6. The parties failed to settle amicably, so BLMA lodged a complaint before the NCMB to resolve
    the issue of whether or not there was restraint to employees in the exercise of their right to
    self-organization.
    7. VA Devera found that the positions of the subject employees qualify under the rank-and-file
    category as their jobs were merely routinary and clerical. They were neither managerial nor
    supervisory.
    8. CA reversed, claiming that the job of the subject employees were specifically excluded by the
    CBA.
    9. BLMA filed MR. Meanwhile, a certification election was held and petitioner Tunay won. They
    continued to litigate the case.

    ISSUE RATIO
    W/N the 81 NO. THEY SHOULD BE ALLOWED TO JOIN.
    employees are
    ineligible to become The SC here explained the rationale of exclusions to union membership as
    members of the union in the case of managerial, fiduciary, and confidential employees, which is to
    avoid the conflict of interest of the management and the rank-and-file.
    Allowing such would open the possibility of a confidentiall / managerial /
    supervisory / fiduciary employee spying on either the management or the
    union.

    The Court perused the job descriptions of the employees and found that
    their actual jobs were indeed routinary and clerical.
    W/N there was ULP / NO.
    right to self-organize
    was infringed upon Unfair labor practice refers to acts that violate the workers right to organize.
    The prohibited acts are related to the workers right to self organization and
    to the observance of a CBA. For a charge of unfair labor practice to
    prosper, it must be shown that ABI was motivated by ill will, bad faith, or
    fraud, or was oppressive to labor, or done in a manner contrary to morals,
    good customs, or public policy, and, of course, that social humiliation,
    wounded feelings or grave anxiety resulted x x x from ABIs act in
    discontinuing the union dues deduction from those employees it believed
    were excluded by the CBA.

    The act of suddenly stopping from deducting union dues from the
    employees by ABI was a result of the disagreement which arose from the
    misinterpretation of the CBA provision on excluded employees. As such,
    ABI cannot be said to have committed unfair labor practice that restrained
    the exercise of the employees’ right to self-organization, nor have thereby
    demonstrated an anti-union stance.

    RULING

    PETITION GRANTED. CA RESOLUTION SET ASIDE.


    **

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