FACTS:
Private respondent Marinio et al were duly elected officers of UST faculty. The union has a 5-year CBA with its employer and is set to expire on May 31, 1998. On October 5, 1996 various UST club presidents requested a general faculty assembly thus union and non-union faculty members convened. New set of officers were elected, violative of the CBL and that the GA was held with non-union members present. Union officers were served with a notice to vacate the union office, and CBA was ratified by an overwhelming majority. Med-Arbiter declared the election violative of the CBL while BLR director Bitonio upheld the decision with a ruling that the CBL which constituted the covenant between the union and its members could not be suspended during the general assembly of all faculty members, since it ha not been authorized by the union.
ISSUES:
Whether or not the public respondent committed grave abuse of discretion in refusing to recognize the officers elected during the “general assembly”.
RULING:
Self-organization is a fundamental right guaranteed by the Constitution and the Labor Code. Corollary to this right is the prerogative not to join, affiliate with or assist a labor union. Therefore, to become a union member, an employee must not only signify the intent to become one, but also take some positive steps to realize that intent. The procedure for union membership is usually embodied in the union’s CBL. An employee who becomes a union member acquires the rights and he concomitant obligations that go with the new status and becomes bound by the union’s rules and regulations.
