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216 SUPREME COURT REPORTS ANNOTATED

Salanga vs. Court of Industrial Relations

No. L-22456. September 27, 1967.

FRANCISCO SALUNGA, petitioner, vs. COURT OF

INDUSTRIAL RELATIONS;SAN MIGUEL
BREWERY,INC. & MIGUEL NOEL;NATIONAL
BREWERY & ALLIED INDUSTRIES LABOR UNION OF
THE PHILIPPINES (NABAILUP-PAFLU), JOHN DE
CATILLO & CIPRIANO CID,respondents.

Labor law; Voluntary associations; State may not compel them

to admit any individual as member; Exception.—Although,
generally, a state may not compel ordinary voluntary associations
to admit thereto any given individual, because membership
therein may be accorded or withheld as a matter of privilege, the
rule is qualified in respect of labor unions holding a monopoly in
the supply of labor, either in a given locality or as regards a
particular employer with which it has a closed-shop agreement.
Same; Reason for the ride.—The reason is that the closed
shop and the union shop cause the admission requirements of
trade unions to become affected with public interest. Likewise,
closed-shop, union shop, or maintenance-of-membership clauses
cause the administration of discipline by unions to be affected
with public interest.
Same; Union may not arbitrarily exclude qualified applicants
for membership.—It is well settled that labor unions are not
entitled to arbitrarily exclude qualified applicants for
membership, and a closed-shop provision would not justify the
employer in discharging, or a union in insisting upon the
discharge of, an employee whom the union thus refuses to admit
to membership, without any reasonable ground therefor. Needless
to say, if said unions may be compelled to admit new members
who have the requisite qualifications, with more reason may the
law and the courts exercise the coercive power when the employee
involved is a long standing union member who, owing to
provocations of union officers, was impelled to tender his
resignation, which he forthwith withdrew or revoked. Surely,

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Salunga vs. Court of Industrial Relations

he may at least invoke the right of those who seek admission for
the first time, and cannot arbitrarily be denied readmission.
Same; Unfair labor practice; When company was not guilty of
unfair labor practice.—In the case at bar, the company was
reluctant—if not unwilling—to discharge petitioner. When the
union first informed it of petitioner’s resignation and urged
implementation of Section 3 of the bargaining contract, the
company advised petitioner of its provisions, thereby intimating
that he had to withdraw his resignation in order to keep his
employment. Besides, the company notified the union that it
would not take any action on the case and would consider
petitioner still a member of the union. When the latter,
thereafter, insisted on petitioner’s discharge, the company still
demurred and explained that it was not taking sides and that its
stand was prompted merely by “humane” considerations,
springing from the belief that petitioner had resigned from the
union without realizing its effect upon his employment. And, as
the union reiterated its demand, the company notified petitioner
that it had no other alternative but to terminate his employment,
and dismissed him from the service, although with “regret”.
Under the circumstances, the company was not “unfair” to
petitioner.
Same; Same; Right of employee dismissed from service due to
unfair labor practice.—Having been dismissed from the service
owing to an unfair labor practice on the part of the union,
petitioner is entitled to reinstatement as member of the union and
to his former or substantially equivalent position in the company,
without prejudice to his seniority and/or rights and privileges, and
with back pay, which back pay shall be borne exclusively by the
union. In the exercise of its sound judgment and discretion, the
lower court may, however, take such measures as it may deem
best, including the power to authorize the company to make
deductions for petitioner’s benefit, from the sums due to the union
by way of check off or otherwise.

APPEAL from a resolution of the Court of Industrial

Relations.

The facts are stated in the opinion of the Court.

     C. Magat & Associates for petitioner.
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          Cipriano Cid & Associates and Ponce Enrile, S.

Reyna, Montecillo & Belo for respondents.

CONCEPCION, C.J.:

Appeal by petitioner Francisco Salunga from a resolution of

the Court of Industrial Relations, sitting en banc,
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218 SUPREME COURT REPORTS ANNOTATED

Salunga vs. Court of Industrial Relations

dismissing unfair labor practice charges against the

National Brewery and Allied Industries Labor Union of the
Philippines (PAFLU)—hereinafter referred to as the Union
—John de Castillo, Cipriano Cid, San Miguel Brewery, Inc.
—hereinafter referred to as the Company—and Miguel
Noel.
Petitioner had, since 1948, been an employee of the
Company, which, on October 2, 1959, entered with the
Union, of which respondent John de Castillo is the
president, into a collective bargaining agreement, effective
up to June 30, 1962. Section 3 thereof reads:

“The company agrees to require as a condition of employment of

those workers covered by this agreement who either are members
of the UNION on the date of the signing of this agreement, or may
join the UNION during the effectivity of this agreement, that they
shall not voluntarily resign from the UNION earlier than thirty
(30) days before the expiry date of this agreement as provided in
Article XIII hereof, provided, however, that nothing herein
contained shall be construed to require the company to enforce
any sanction whatsoever against any employee or worker who
fails to retain his membership in the UNION as hereinbefore
stated, for any cause other than voluntary resignation of non-
payment of regular union dues on the part of said employee or
worker.” (Exh. 4-A-Union.)

Petitioner was a member of the Union since 1953. For

reasons later to be stated, on August 18, 1961, he tendered
his resignation from the Union, which accepted it on
August 26, 1961, and transmitted it to the Company on
August 29, 1961, with a request for the immediate
implementation of said section 3. The Company having
informed him that his aforementioned resignation would
result in the termination of his employment, in view of said
section, petitioner wrote to the Union, on August 31, 1961,
a letter withdrawing or revoking his resignation and
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advising the Union to continue deducting his monthly

union dues. He, moreover, furnished a copy of this
communication to the Company. The latter, in turn,
notified the Union of the receipt of said copy and that “in
view thereof, we shall not take any action on this case and
shall consider Mr. Francisco Salunga still a member of your
union and continue deducting his union dues.” On

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VOL. 21, SEPTEMBER 27, 1967 219

Salunga vs. Court of Industrial Relations

September 8, 1961, the Union told the Company that

petitioner’s membership could not be reinstated and
insisted on his separation from the service, conformably
with the stipulation above-quoted. The Company replied,
on September 12, 1961, stating:

“x x x We asked Mr. Salunga if he realized that by resigning from

the Union he would in effect be forfeiting his position in the
company. When he answered in the negative, we showed him a
copy of our Collective Bargaining Agreement and called his
attention to Sec. 3, Art. II thereof. He then told us that he did not
realize that he would be losing his job if he were to resign from
the Union. We did not at any time ask or urge him to withdraw
his resignation; neither are we now asking or insisting that you
readmit him into your membership. We thought that informing
him of the consequences of his resignation from the Union, was
the only humane thing to do under the circumstances.
“Nevertheless, if notwithstanding our foregoing clarification
you still consider him as having actually resigned from your
organization, and you insist that we dismiss him from the service
in accordance with Sec. 3, Article II of our agreement, we will
have no alternative but to do so.” (Exh. E)

In a letter to the Company, dated September 20, 1961, the

Union reiterated its request for implementation of said
section 3, for which reason, on September 22, 1961, the
Company notified petitioner that, in view of said letter and
the aforementioned section, “we regret we have to
terminate your employment for cause. You are, therefore,
hereby notified of your dismissal from the service effective
as of the close of business hours, September 30, 1961.”
Meanwhile, petitioner had sought the intervention of
PAFLU’s National President, respondent Cipriano Cid, to
which the Union was affiliated, for a review of the latter’s
action. The PAFLU gave due course to petitioner’s request

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for review and asked the Company, on September 29, 1961,

to defer his dismissal, for at least two (2) weeks, so that its
(PAFLU’s) Executive Board could act on his appeal. On
October 6, 1961, respondent Cid advised petitioner that the
PAFLU had found no ground to review the action taken by
the Union and that, on the expiration of the 15-day grace
granted to him by the Company, the

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220 SUPREME COURT REPORTS ANNOTATED

Salunga vs. Court of Industrial Relations

decision thereof to terminate his services would taka effect.

Thereupon, or on October 11, 1961, petitioner notified
the PAFLU that he was appealing to its supreme authority
—the PAFLU National Convention—and requested that
action on his case be deferred until such time as the
Convention shall have acted on his appeal, A letter of the
same date and tenor was sent, also, by the petitioner to the
Union. Furthermore, he asked the Company to maintain
the status quo, in the meantime. This notwithstanding, at
the close of the business hours, on October 15, 1961,
petitioner was discharged from the employment of the
Company, through its assistant-secretary and vice-
president, herein respondent Miguel Noel.
At petitioner’s behest, on or about December 7. 1961, a
prosecutor of the Court of Industrial Relations commenced,
therefore, the present proceedings, for unfair labor practice,
against the Union, its president, respondent John de
Castillo, respondent Cipriano Cid, as PAFLU president, the
Company, and its aforementioned Vice-President, Miguel
Noel. In due course, thereafter, the trial Judge rendered a
decision the dispositive part of which reads:

“IN VIEW OF ALL THE FOREGOING, the San Miguel Brewery,

Inc. and Miguel Noel and National Brewery & Allied Industrial
Labor Union of the Philippines (PAFLU), John de Castillo, and
Cipriano Cid, are hereby declared guilty of unfair labor practices
as charged, and ordered to cease and desist from further
committing such unfair labor practice acts complained of; and as
affirmative reliefs:

“(a) The National Brewery & Allied Industries Labor Union of

the Philippines (PAFLU), John de Castillo and Cipriano
Cid, their officers and agents, are hereby directed to
readmit and to continue the membership of Francisco
Salunga in the membership rolls of the union after paying

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all union dues, with all the rights and privileges being
enjoyed by bonafide members;
“(b) The San Miguel Brewery, Inc., and Miguel Noel, their
officers and agents are hereby directed to immediately
reinstate Francisco Salunga to his former or substantially
equivalent position with one-half back wages, without
prejudice, however, to his seniority and/or other rights and
privileges; and
“(c) Respondents Union and Company, their respective officers
and agents, are likewise directed to post two copies of this

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VOL. 21, SEPTEMBER 27, 1967 221

Salunga vs. Court of Industrial Relations

decision in conspicuous places in their respective offices or

plants for a period of one month, furnishing this Court
with certificate of compliance after the expiration of said
period.”

On motion for reconsideration of the respondents, this

decision was reversed by the Court of Industrial Relations
sitting en banc with two (2) judges concurring in the result
and the trial judge dissenting-—which dismissed the case.
Hence, this appeal by the petitioner.
The appeal is well taken, for, although petitioner had
resigned from the Union and the latter had accepted the
resignation, the former had, soon later—upon learning that
his withdrawal from the Union would result in his
separation from the Company, owing to the closed-shop
provision above referred to—revoked or withdrawn said
resignation, and the Union refused to consent thereto
without any just cause therefor. The Union had not only
acted arbitrarily in not allowing petitioner to continue his
membership. The trial Judge found said refusal of the
Union officers to be due to his critical attitude towards
certain measures taken or sanctioned by them. As set forth
in the decision of the trial Judge:

“x x x Prior to August, 1961, he had been criticizing and objecting

to what he believed were illegal or irregular disbursements of
union funds, i.e., allowing Florencio Tirad, a union official, to
receive six months advanced salaries when Tirad went to the
United States, which objection he openly manifested in a meeting
of the board of directors and stewards, but instead of receiving
favorable response, he (Salunga) was twitted and felt insulted by
the laughter of those present that he would be the next man to be
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sent to America; second, granting Ricardo Garcia, union

secretary, two months advanced salaries when preparing for the
bar examinations, which objection he broached to union officer
Efren Meneses; third, the union’s additional monthly expense for
the salary of a counsel when the PAFLU, their mother union is
well staffed with a number of lawyers who could attend to and
handle their cases and other legal matters, and to which mother
union the NABAILUP has been paying a monthly assessment of
more than Pl,000.00; and fourth, giving salary to Charles
Mitschek who was dismissed by the company but denying the
same privilege to other similarly situated member-employees.
Salunga was later removed by the union from his position as
steward without his knowledge. It also appears that the power of
attorney executed in his favor

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222 SUPREME COURT REPORTS ANNOTATED

Salunga vs. Court of Industrial Relations

by co-worker Alejandro Miranda for the collection of Miranda’s

indebtedness of P60.00 to him (the latter has certain amount in
possession of the Union) was not honored by the union.

xx      xx      xx      xx

“The record is clear that feeling dejected by the inaction of the

union officials on his grievances and objections to what he
believed were illegal disbursements of union funds, coupled with
the fact that he was later removed from his position .as a union
steward without his knowledge, as well as the fact that the union
did not honor the power of attorney executed in his favor by
Alejandro Miranda, a co-worker, for the collection of Miranda’s
indebtedness of P60.00 to him, he submitted his letter of
resignation from the union on August 18, 1961. It must be stated
here that no evidence was adduced by the respondent union to
overcome complainant’s testimonies about his objections to the
disbursements of union funds but only tried to elicit from him, on
cross examination, that the funds of the union are only disbursed
upon authority of the Executive Board of the union. x x .”

It should be noted that the Court of Industrial Relations en

banc did not reverse these findings of fact or even question
the accuracy thereof. What is more, the officers of the
Union have, in effect, confirmed the fact that their refusal
to allow the withdrawal of petitioner’s resignation had been
due to his aforementioned criticisms. Indeed said officers
tried to justify themselves by characterizing said criticisms
as acts of disloyalty to the Union, which, of course, is not
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true, not only because the criticism assailed, not the Union,
but certain acts of its officers, and, indirectly, the officers
themselves, but also because the constitution and by-laws
of the Union explicitly recognize the right of its members to
give their views on “all transactions made by the Union.”
As a consequence, the resolution appealed from cannot be
affirmed without, in effect, nullifying said right which,
independently of the constitution and by-laws of the Union,
is part and parcel of the freedom of speech guaranteed in
the Constitution of our Republic, as a condition sine qua
non to the sound growth and development of labor
organizations and democratic institutions.
Although, generally, a state may not compel ordinary
voluntary associations to admit thereto any given indiv-

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VOL. 21, SEPTEMBER 27, 1967 223

Salunga vs. Court of Industrial Relations

idual, because membership therein 1

may be accorded or
withheld as a matter of privilege, the rule is qualified in
respect of labor unions holding a monopoly in the supply of
labor, either in a given locality, or as regards a particular
2
employer with which it has a closed-shop agreement. The
reason is that

“x x x The closed shop and the union shop cause the admission
requirements of trade union to become affected with the public
interest. Likewise, a closed shop, a union shop, or maintenance of
membership clauses cause the administration 3
of discipline by
unions to be affected with the public interest.”

Consequently, it is well settled that such unions are not

entitled to arbitrarily exclude qualified applicants for
membership, and a closed-shop provision would not justify
the employer in discharging, or a union in insisting upon
the discharge of, an employee whom the union thus refuses
to admit4 to membership, without any reasonable ground
therefor. Needless to say, if said unions may be compelled
to admit new members, who have the requisite
qualifications, with more reason may the law and the
courts exercise the coercive power when the employee
involved is a long standing union member, who, owing to
provocations of union officers, was impelled to tender his
resignation, which he forthwith withdrew or revoked.
Surely, he may, at least, invoke the rights of those who

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seek admission for the first time, and can not arbitrarily be
denied readmission.
We cannot agree, however, with the finding of the trial
Judge to the effect that the Company was guilty of unfair
labor practice. The Company was reluctant—if not
unwilling to discharge the petitioner. When the Union first
informed the Company of petitioner’s resignation and
urged implementation of section 3 of the bargaining
contract, the Company advised petitioner of the provi-

_______________

1 4 Am. Jur. 462; 31 Am. Jur. 426.

2 31 Am. Jur. 432.
3 Italics ours. Labor Law Cases and Materials, Archibal Cox, pp. 1009-
1011. See, also, Williams v. International Brotherhood of Boiler-Makers,
27 Cal. 2d 586, 165 P 2d 903; James v. Marineship Corp., 25 Cal. 2d 721,
155 P 2d 329.
4 See 31 Am. Jur. 432.

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Salunga vs. Court of Industrial Relations

sions thereof, thereby intimating that he had to withdraw

his resignation in order to keep his employment. Besides,
the Company notified the Union that it (the Company)
would not take any action on the case and would consider
the petitioner, “still a member” of the Union. When the
latter, thereafter, insisted on petitioner’s discharge, the
Company still demurred and explained it was not taking
sides and that its stand was prompted merely by “humane”
considerations, springing from the belief that petitioner
had resigned from the Union without realizing its effect
upon his employment. And, as the Union reiterated its
demand, the Company notified petitioner that it had
no^other alternative but to terminate his employment, and
dismissed him from the service, although with “regret”.
Under these circumstances, the Company was not “unfair”
to the petitioner. On the contrary, it did not merely show a
commendable understanding of and sympathy for his
plight. It even tried to help him, although to such extent
only as was consistent with its obligation to refrain from
interfering in purely internal affairs of the Union. At the
same time, the Company could not safely inquire into the
motives of the Union officers, in refusing to allow the
petitioner to withdraw his resignation. Inasmuch as the
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true motives were not manifest, without such inquiry, and

petitioner had concededly tendered his resignation of his
own free will, the arbitrary nature of the decision of said
officers was not such as to be apparent and to justify the
company in regarding said decision unreasonable. Upon
the other hand, the Company can not be blamed for
assuming the contrary, for petitioner had appealed to the
National Officers of the PAFLU and the latter had
sustained the Union. The Company was justified in
presuming that the PAFLU had inquired into all relevant
circumstances, including the motives of the Union Officers.
In finding’, this notwithstanding, that the Company is
guilty of unfair labor practice, the trial Judge seemed to
have been unduly influenced by the fact that the former
had dismissed the petitioner despite his announced
intention to appeal from the decision of the Union and that
of

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VOL. 21, SEPTEMBER 27, 1967 225

Salunga vs. Court of Industrial Relations

the Officers of PAFLU to its “supreme authority”, namely,

the PAFLU's “National Convention”. In other words, said
Judge felt that the Company should have waited for the
action of the national convention before issuing the notice
of dismissal.
There is no evidence, however, that petitioner had really
brought this matter to said “Convention”. Much less is
there any proof that the latter had sustained him and
reversed the PAFLU officers and the Union. Thus, the
record does not show that petitioner was prejudiced by the
Company's failure to maintain the status quo, after the
Union had been sustained by said officers. In fact,
petitioner did not even try to establish that he had
submitted to the Company—as he has not introduced in the
lower court—satisfactory proof that an appeal had really
been taken by him to the aforementioned Convention. In
short, it was error to hold the Company guilty of unfair
labor practice.
Just the same, having been denied readmission into the
Union and having been dismissed from the service owing to
an unfair labor practice On the part of the Union,
petitioner is entitled to reinstatement as member of the
Union and to his former or substantially equivalent
position in the Company, without prejudice to his seniority
and/or rights and privileges, and with back pay, which back
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pay shall be borne exclusively by the Union. In the exercise

of its sound judgment and discretion, the lower court may,
however, take such measures as it may deem best,
including the power to authorize the Company to make
deductions, for petitioner's benefit, from the sums due to
the Union, by way of check off or otherwise, with a view to
executing this decision, and, at the same time, effectuating
the purposes of the Industrial Peace Act.
With this modification, the aforementioned decision of
the trial Judge is hereby affirmed in all other respects, and
the appealed resolution of the Court of Industrial Relations
en banc is reversed, with costs against respondents, except
the Company.
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Republic Savings Bank vs. Court of Industrial Relations

     Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Sanchez

Castro, Angeles and Fernando, JJ., concur.
     Bengzon, J.P., J., on leave, did not take part.

Decision affirmed.

________________

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