G.R. No. 209555. July 31, 2017

'''G.R. No. 209555. July 31, 2017''' is a decision 2018 made by the Supreme Court.

Collective Bargaining Agreement (CBA)

Case Details

 * United Polyresins, Inc., Ernesto Uy Soon, Jr. and/or Julito Uy Soon Vs. Marcelino Pinuela
 * G.R. No. 209555. July 31, 2017
 * Justice Mariano Del Castillo
 * http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63208
 * xxx

Issue

 * 1) THE APPELLATE COURT ERRED IN RULING THAT THE CHARGES OF MISAPPROPRIATION AGAINST THE RESPONDENT WERE INSUFFICIENT (SUBSTANTIVE DUE PROCESS)
 * 2) THE APPELLATE COURT ERRED IN RULING THAT THE RESPONDENT WAS NOT PROPERLY INFORMED OF THE CHARGES AGAINST HIM (PROCEDURAL DUE PROCESS).
 * 3) THE APPELLATE COURT ERRED IN RULING THAT THE RESPONDENT IS ENTITLED TO SEPARATION PAY, BACKWAGES FROM DISMISSAL TO THE FINALITY OF ITS DECISION, AND 13TH MONTH PAY.

Info
"However, these provisions refer to impeachment and recall of union officers, and not expulsion from union membership. This is made clear by Section 2(e) of the same Article XV, which provides that "(t)he union officers impeached shall 'IPSO FACTO' to [sic] be considered resigned or ousted from office and shall no longer be elected nor appointed to any position in the union." In short, any officer found guilty of violating these provisions shall simply be removed, impeached or recalled, from office, but not expelled or stripped of union membership."

"The matter of respondent's alleged failure to return petitioners' P300,000.00 which was lent to PORFA is immaterial as well. It may not be used as a ground to terminate respondent's employment; under the Labor Code, such a contribution by petitioners to PORFA is illegal and constitutes unfair labor practice."

Decision
WHEREFORE, for the foregoing reasons, the Petition is hereby DENIED. The December 11, 2012 Decision and October 10, 2013 Resolution of the Court of Appeals in CA-G.R. SP No. 115402 are AFFIRMED.

Triva

 * Polyresins Rank and File Association (PORFA) is a labor union