UNION CHARTERING AND AFFILIATION - PERIOD
38 ALLIANCE OF NATIONALIST AND GENUINE LABOR ORGANIZATION
(ANGLO-KMU) V. SAMAHAN NG MGA MANGGAGAWANG NAGKAKAISA SA
MANILA BAY SPINNNING MILLS AT J.P. COATS (SAMANA BAY)
July 1996 | Francisco, J. |
Petitioner/s: Alliance of Nationalist and Genuine Labor Organization (ANGLO-KMU)
Respondent/s: Samahan ng mga Manggagawang Nagkakaisa sa Manila Bay
Spinning Mills at J.P. Coats (SAMANA BAY), Gilbert Sungayann, Fernando Melarpis,
et. al.
Doctrine: Disaffiliation of a local union from its mother union is valid even if certain
procedural requirements for a valid disaffiliation was not complied with, provided the
general membership of the local union ratified the disaffiliation action.
Facts:
● Petitioner Alliance of Nationalist and Genuine Labor Organization (ANGLO for
short) is a duly registered labor organization.
● Respondent union Samahan Ng mga Manggagawang Nagkakaisa sa Manila Bay
Spinning Mills and J.P. Coats (SAMANA BAY for short) is its affiliate.
● In representation of SAMANA BAY, ANGLO entered and concluded a CBA with
Manila Bay Spinning Mills and J.P. Coats Manila Bay Inc. (hereinafter referred to
as the corporations) on November 1, 1991.
● In December 1993, SAMANA BAY decided to disaffiliate from ANGLO because
of the latter's dereliction of duty in promoting and advancing SAMANA BAY's
welfare. There were also alleged cases of corruption involving ANGLO officers.
● The disaffiliation was confirmed by the members of SAMANA BAY unanimously.
● Apparently, ANGLO furnished the corporations copies of SAMANA BAY's
resolution to disaffiliate. The corporations refused to honor the disaffiliation.
● In response to this, a petition to stop remittance of federation dues to ANGLO
was filed by SAMANA BAY with the Bureau of Labor Relations.
● ANGLO counter-acted by unseating all officers and board members of SAMANA
BAY and appointing in their stead new officers who were duly recognized by the
corporations.
● ANGLO submitted a position paper with the Med-Arbiter, contending that the
disaffiliation was void considering that a CBA was still existing and the freedom
period has not set in.
● The Med-Arbiter resolved that the disaffiliation was void, but upheld the illegality
of the ousting by ANGLO of the SAMANA BAY officers.
● Both parties appealed to the DOLE. The DOLE reversed the Med-Arbiter's
decision and ultimately ruled for SAMANA BAY.
● ANGLO's MR to the DOLE was denied hence it filed a petition for certiorari with
the Supreme Court.
Ruling:
W/N the disaffiliation of SAMANA BAY from ANGLO was valid – YES. The Court
will not bend the principle that all employees enjoy the right to self-organization and to
form and join labor organizations of their own choosing for the purpose of collective
bargaining due to a mere procedural defect.
● The law is not without exceptions. Settled is the rule that a local union has the
right to disaffiliate from its mother union when circumstances warrant (Volkshel
Labor Union v. Bureau of Labor Relations)
○ GENERAL RULE: a labor union may disaffiliate from its mother union to
form a local/ independent union only during the 60-day freedom period
immediately preceding the expiration of a CBA.
○ EXCEPTION: Even before the onset of the freedom period, disaffiliation
may be carried out when there is a shift of allegiance on the part of the
majority of the members of the union. (Associated Workers Union-
PTGWO vs. NLRC)
● In this case, there was a unanimous confirmation by the members of SAMANA
BAY of the disaffiliation – clearly a shift of allegiance of the majority (if not all) of
the union members.
W/N the unilateral ousting by ANGLO of the officers and board members of
SAMANA BAY was valid – NO. The mere act of disaffiliation does not divest the
local union of its personality and neither does this give the mother federation any
license to act independently of the local union.
● A local union does not owe its existence to the mother federation with which it is
affiliated. There is only a contract of agency wherein the mother federation acts
in representation of its affiliate local union.
● A local labor union is a separate and distinct unit, primarily designed to secure
and maintain an equality of bargaining power between the employer and their
employee-members.
● By SAMANA BAY'S disaffiliation from ANGLO, the vinculum that previously bond
the two entities was completely severed.
● Therefore, ANGLO was divested of any and all power to act in representation of
SAMANA BAY. Hence, any act by ANGLO affecting SAMANA BAY, including the
ouster of its officers, is without force and effect.
Dispositive
WHEREFORE, premises considered, the petition is hereby DISMISSED.
SO ORDERED
Notes
None