Airline Pilots Association of the Philippines, et. al., vs.

CIR

FACTS
A labor dispute arose between the members of ALPAP, a labor union, and PAL, the employer of
the said members, sometime in October 1970. In the membership meeting held by the union, a majority of
its members adopted a resolution amending the union’s constitution and by-laws which provides that any
active member who shall be forced to retire or resign or otherwise terminated for union activities has the
option to either remain as an active member in good standing or resign in wiring his active membership
with the union. Although a no-work stoppage was issued by the CIR, a substantial majority of the union
members filed letters of retirement and resignation. Moreover, Gaston, a resigned pilot of the employer
and a member of the union, was elected as the president by those who were already resigned/retired
while Gomez was elected as the president by those who remained with their employer.

Then, a petition with the CIR was filed by Gomez praying for the certification as the sole and
exclusive bargaining representative of all pilots now under employment by PAL and are on active flight or
operational assignments. This was opposed by Gaston on the ground that a certification proceeding in
CIR is not the proper forum to determine the lawful president of a legitimate labor organization. A decision
was rendered by CIR certifying the union composed of pilots employed by PAL with Gomez as its
president as the sole and exclusive bargaining representatives since pilots belonging to Gaston group
had already resigned or retired and no longer members of the union.

ISSUE/S
 W/N the membership with the union is exclusive only to the employees of a certain employer.
 W/N the authorization given to Gomez to exclusively take over the office, funds, and name of the
union was is valid.

HELD
1. NO, the membership with the union is not exclusive to the employees of a certain employer.

Labor organization, as defined in Sec. 2(e) of R.A. 875 otherwise known as an Act to Promote
Industrial Peace and For Other Purposes, is any union or association of employees which exist, in whole
or in part, for the purpose of the collective bargaining or dealing with employers concerning terms and
conditions of employment. The emphasis of Industrial Peace Act is clearly on the purposes for which a
union or association of employees established rather than that membership therein should be limited only
to the employees of a particular employer. In addition, under Section 2(h) of R.A 875, a representative is
defined as a legitimate labor organization or any officer or agent of such organization, whether or not
employed by the employer or employee whom he represents.

Furthermore, nothing in the constitution and by-laws of the union which indubitably restricts
membership therein to PAL pilots alone. Although according to the union, there has never been an
instance when a non-PAL pilot became a member of ALPAP. The complete lack of any such precondition
for ALPAP membership cannot but be interpreted as an unmistakable authority for the association to
accept pilots into its fold though they may not be under PAL's employ. Hence, non-employees can
represent and be a member of a union of employees of a certain employer.

2. NO, the authorization given to Gomez is not valid. The Court held that Gomez’s election cannot
be said to be valid and binding since he was elected only by 45 members as compared to Gaston who
was elected by 180 out of 270 members. However, the Gomez group cannot be said as having no right
over the office, funds, and name of the union in which they are also members.
 Moreover, a segment of the union can be authorized by its duly elected officers to bargain
collectively with a certain employer on matters affecting the terms and conditions of their particular
employment. In this case, Gaston had extended recognition to Gomez to enter and conclude collective
bargaining contracts with PAL. Since Gomez was given this authority, Gaston cannot disallow the former
from the certain use of the office, funds, and name of the union which would enable Gomez to bargain
collectively with the employer. Also, in the eventuality that the pilots presently employed by PAL and who
subscribe to the leadership of Ben Hur Gomez should consider it to their better interest to have their own
separate office, name and union funds, nothing can prevent them from setting up a separate labor union.
In that eventuality, whatever vested rights, interest or participation they may have in the assets, including
cash funds, of ALPAP as a result of their membership therein should properly be liquidated in favor of
such withdrawing members of the association.