113 Gen. Milling Corp. v. Casio (Mozo)

Gen. Milling Corp. v.
Casio
G.R. No. 149552 – Mar. 10, 2010
First Division | J. Paras
Digest Author: Mozo, Miguel
Topic: Unfair Labor Practice

Case Summary: The labor union Ilaw at Buklod ng Mangagawa (IBM)-Local 31 Chapter (Local 31) was the
sole and exclusive bargaining agent of the rank and file employees of GMC in Lapu-Lapu City. On November
30, 1991, IBM-Local 31, through its officers and board members, entered into a Collective Bargaining
Agreement (CBA) with GMC containing a union security clause.
Casio, et al. were regular employees of GMC and length of service varying from eight to 25 years. Casio was
elected IBM-Local 31 President for a three-year term in June 1991, while his co-respondents were union shop
stewards.
In a letter dated February 24, 1992, Rodolfo Gabiana (Gabiana), the IBM Regional Director for Visayas and
Mindanao, furnished Casio, et al. with copies of the Affidavits of GMC employees charging Casio, et al. with
"acts inimical to the interest of the union." Through the same letter, Gabiana gave Casio, et al. three days from
receipt thereof within which to file their answers or counter-affidavits. However, Casio, et al. refused to
acknowledge receipt of Gabiana’s letter.
Subsequently, on February 29, 1992, Pino, et al., as officers and members of the IBM-Local 31, issued a
Resolution expelling Casio, et al. from the union.
Gabiana then wrote a letter dated March 10, 1992, addressed to Eduardo Cabahug (Cabahug), GMC Vice-
President for Engineering and Plant Administration, informing the company of the expulsion of Casio, et al.
from the union pursuant to the Resolution dated February 29, 1992 of IBM-Local 31 officers and board
members. Gabiana likewise requested that Casio, et al. "be immediately dismissed from their work for the
interest of industrial peace in the plant."
Gabiana followed-up with another letter dated March 19, 1992, reiterating the demand of IBM-Local 31 that
GMC dismiss Casio, et al., with the warning that failure of GMC to do so would constitute gross violation of
the existing CBA and constrain the union to file a case for unfair labor practice against GMC.
Pressured by the threatened filing of a suit for unfair labor practice, GMC acceded to Gabiana’s request to
terminate the employment of Casio, et al. GMC issued a Memorandum dated March 24, 1992 terminating the
employment of Casio, et al. effective April 24, 1992 and placing the latter under preventive suspension for the
meantime.
Voluntary Arbitrator found termination by GMC of the employment of Casio, et al. was in valid compliance
with the closed shop provision in the CBA.
The Court of Appeals set aside the Voluntary Arbitration Award. The appellate court ruled that while the
dismissal of Casio, et al., was made by GMC pursuant to a valid closed shop provision under the CBA, the
company, however, failed to observe the elementary rules of due process in implementing the said dismissal.
GMC maintains that Casio, et al. were expelled by IBP-Local 31 for "acts inimical to the interest of the union,"
and GMC had no authority to inquire into or rule on which employee-member is or is not loyal to the union, this
being an internal affair of the union.
The issue is WoN GMC’s dismissal of Casio, et. al was valid pursuant to union security shop clause of the CBA
and the Supreme Court ruled in the negative.
In sum, the Court finds that GMC illegally dismissed Casio, et al. because not only did GMC fail to make a
determination of the sufficiency of evidence to support the decision of IBM-Local 31 to expel Casio, et al., but
also to accord the expelled union members procedural due process, i.e., notice and hearing, prior to the
termination of their employment
Despite a closed shop provision in the CBA and the expulsion of Casio, et al. from IBP-Local 31, law and
jurisprudence imposes upon GMC the obligation to accord Casio, et al. substantive and procedural due process
before complying with the demand of IBP-Local 31 to dismiss the expelled union members from service. The
failure of GMC to carry out this obligation makes it liable for illegal dismissal of Casio, et al.
Doctrines/Laws Involved:
Doctrine: Despite a closed shop provision in the CBA and the expulsion of Casio, et al. from IBP-Local 31, law
and jurisprudence imposes upon GMC the obligation to accord Casio, et al. substantive and procedural due
process before complying with the demand of IBP-Local 31 to dismiss the expelled union members from
service. The failure of GMC to carry out this obligation makes it liable for illegal dismissal of Casio, et al.
FACTS:
1. The labor union Ilaw at Buklod ng Mangagawa (IBM)-Local 31 Chapter (Local 31) was the sole and
exclusive bargaining agent of the rank and file employees of GMC in Lapu-Lapu City. On November
30, 1991, IBM-Local 31, through its officers and board members, entered into a Collective Bargaining
Agreement (CBA) with GMC containing a union security clause.
2. Casio, et al. were regular employees of GMC and length of service varying from eight to 25 years. Casio
was elected IBM-Local 31 President for a three-year term in June 1991, while his co-respondents were
union shop stewards.
3. In a letter dated February 24, 1992, Rodolfo Gabiana (Gabiana), the IBM Regional Director for Visayas
and Mindanao, furnished Casio, et al. with copies of the Affidavits of GMC employees charging Casio,
et al. with "acts inimical to the interest of the union." Through the same letter, Gabiana gave Casio, et al.
three days from receipt thereof within which to file their answers or counter-affidavits. However, Casio,
et al. refused to acknowledge receipt of Gabiana’s letter.
4. Subsequently, on February 29, 1992, Pino, et al., as officers and members of the IBM-Local 31, issued a
Resolution expelling Casio, et al. from the union.
5. Gabiana then wrote a letter dated March 10, 1992, addressed to Eduardo Cabahug (Cabahug), GMC
Vice-President for Engineering and Plant Administration, informing the company of the expulsion of
Casio, et al. from the union pursuant to the Resolution dated February 29, 1992 of IBM-Local 31
officers and board members. Gabiana likewise requested that Casio, et al. "be immediately dismissed
from their work for the interest of industrial peace in the plant."
6. Gabiana followed-up with another letter dated March 19, 1992, reiterating the demand of IBM-Local 31
that GMC dismiss Casio, et al., with the warning that failure of GMC to do so would constitute gross
violation of the existing CBA and constrain the union to file a case for unfair labor practice against
GMC.
7. Pressured by the threatened filing of a suit for unfair labor practice, GMC acceded to Gabiana’s request
to terminate the employment of Casio, et al. GMC issued a Memorandum dated March 24, 1992
terminating the employment of Casio, et al. effective April 24, 1992 and placing the latter under
preventive suspension for the meantime.
8. Voluntary Arbitrator found termination by GMC of the employment of Casio, et al. was in valid
compliance with the closed shop provision in the CBA.
9. The Court of Appeals set aside the Voluntary Arbitration Award. The appellate court ruled that while
the dismissal of Casio, et al., was made by GMC pursuant to a valid closed shop provision under the
CBA, the company, however, failed to observe the elementary rules of due process in implementing the
said dismissal.
10. GMC maintains that Casio, et al. were expelled by IBP-Local 31 for "acts inimical to the interest of the
union," and GMC had no authority to inquire into or rule on which employee-member is or is not loyal
to the union, this being an internal affair of the union.
ISSUES + HELD/RATIO:
1. W/N GMC’s dismissal of Casio, et. al was valid pursuant to union security shop clause of the CBA. – NO.
● In sum, the Court finds that GMC illegally dismissed Casio, et al. because not only did GMC fail to
make a determination of the sufficiency of evidence to support the decision of IBM-Local 31 to expel
Casio, et al., but also to accord the expelled union members procedural due process, i.e., notice and
hearing, prior to the termination of their employment
● Despite a closed shop provision in the CBA and the expulsion of Casio, et al. from IBP-Local 31, law
and jurisprudence imposes upon GMC the obligation to accord Casio, et al. substantive and procedural
due process before complying with the demand of IBP-Local 31 to dismiss the expelled union members
from service. The failure of GMC to carry out this obligation makes it liable for illegal dismissal of
Casio, et al.
DISPOSITIVE: WHEREFORE, the instant petition is hereby DENIED. The assailed decision of the Court of
Appeals dated March 30, 2001 in CA-G.R. SP No. 40280 is AFFIRMED.
SO ORDERED.
Puno, C.J., Carpio Morales, Bersamin and Villarama, Jr., JJ., concur.
SEPARATE OPINIONS: (if required)
NOTES:

113 Gen. Milling Corp. v. Casio (Mozo)

Uploaded by

Copyright:

Available Formats

113 Gen. Milling Corp. v. Casio (Mozo)

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

113 Gen. Milling Corp. v. Casio (Mozo)

Uploaded by

Copyright:

Available Formats

Gen. Milling Corp. v.

Digest Author: Mozo, Miguel

Topic: Unfair Labor Practice

SEPARATE OPINIONS: (if required)

You might also like