F.

UNION-MEMBER RELATIONS
5. Major Policy Matters
i. CBA Negotiation
Galvadores v. Trajano, Phil. Long Distance Telephone Comp., Atty. Espinas, Free
Telephone Workers Union or Manggagawa ng Komunikasyon sa Pilipinas
GR No. L-70067 September 15, 1986
Doctrine: CBA Negotiation is not a mandatory activity and is therefore not exempt from the
authorization requirement of the employee, because in a CBA Negotiation, there is no
judicial process.
Facts:
1. Atty. Espinas is the legal counsel of the Union since 1964.
2. Atty. Espinas received letter from Union requesting him to appear as a legal counsel for a
labor dispute of PLDT. The compensation shall be 10% of any improvement of PLDTs
last offer to the deadlock in CBA negotiation.
3. On October 1983, Executive Board of Union passed a Resolution requesting PLDT to
deduct P115.00 per employee for the legal services of Atty. Espinas.
4. 5, 258 employee filed a letter-complaint through Galvadores alleging that said deductions
cannot be given legal effect by a mere Board Resolution, but needs ratification by general
membership of the Union.
5. Union alleged that the attorneys fees exacted pertained to his services during compulsory
arbitration proceeding and not at attorneys fees within Art. 242 (o)
6. Art. 242 (o) Rights and conditions of membership --- Other than for mandatory activities,
no special assessment, no attorneys fees, negotiation fess, or any other extraordinary fees
may be checked off from any amount due an employee without individual written
authorization duly signed by the employee. The authorization should specifically state the
amount, purpose, and beneficiary of the deduction.
Issue: W/N the CBA negotiation is a Mandatory Activity.
Held: No.
1. Art. 242 (o)
2. Art. 222 (b) Appearance and Fees --- No attorneys fees, negotiation fees, or similar
charges of any kind from any collective bargaining negotiation or conclusion of the
collective bargaining agreement shall be imposed on any individual member of the
contracting union; Provided, however, that attorneys fees may be charged against union
funds in an amount to be agreed upon by the parties. Any contract, agreement or
arrangements or any sort to the contrary shall be null and void.
1|3D

3. Art. 222 (b) does not exempt CBA

4. The required written authorization is lacking.
5. The benefits awarded to PLDTs employees still form part of the collective bargaining
negotiation, although placed already under compulsory arbitration. This is not a
mandatory activity.

2|3D