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FACTS:
Volkschel Labor Union was once affiliated with ALUMETAL their previous mother
union. Both Volkschel and Alumetal entered into a CBA and they agreed that
ALUMETAL will apply payroll deductions twice a month on the members of the UNION
as membership dues and other fees/fines, as may be duly authorized by the UNION
AND ITS MEMBERS. They called this check-off authorization.
Subsequently, a majority of Volkschel’s members decided to disaffiliate from
ALUMETAL in order to operate on its own as an independent labor group, pursuant to
Article 241 of the Labor Code. Moreover, the same want to revoke their check-off
authorization in favour of ALUMETAL. On the other hand, ALUMETAL assailed that the
disaffiliation is contrary to law and the members are still obliged to pay their dues.
ISSUES:
Whether or not can a local union like Volkschel disaffiliate from its mother union like
ALUMETAL.
HELD:
YES. The right of a local union to disaffiliate from its mother union is well-settled.
In previous cases, it has been repeatedly held that a local union, being a separate and
voluntary association, is free to serve the interest of all its members including the
freedom to disaffiliate when circumstances warrant. This right is consistent with the
Constitutional guarantee of freedom of association (Article III, Section 8, 1987 Philippine
Constitution).
Petitioner contends that the disaffiliation was not due to any opportunists motives
on its part. Rather it was prompted by the federation's deliberate and habitual dereliction
of duties as mother federation towards petitioner union. Employees' grievances were
allegedly left unattended to by respondent federation to the detriment of the employees'
rights and interests.