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1. DISAFFILIATION OF A LABOR UNION FROM A FEDERATION (ii) VOLKSCHEL LABOR UNION VS.

BUREAU OF LABOR RELATIONS, ASSOCIATED LABOR UNION FOR METAL (ALUMETAL) FACTS: -Volkschel Labor Uniion was once affiliated with ALUMETAL. - Both Volkschel and Alumetal entered into a CBA. -They agreed that ALUMETAL will apply payroll deductions twice a month on the members of the UNION as membership dues and other fees/fines, as may be duly authorized by the UNION AND ITS MEMBERS. They called this check-off authorization. - Subsequently, a majority of Volkschels members decided to disaffiliate from ALUMETAL in order to operate on its own as an independent labor group, pursuant to *Art. 241 of the Labor Code. Moreover, the same want to revoke their check-off authorization in favour of ALUMETAL. - On the other hand, ALUMETAL assailed that the disaffiliation is contrary to law and the members are still obliged to pay their dues. ISSUES: 1. (MAIN ISSUE) Can a local union like Volkschel disaffiliate from its mother union like ALUMETAL? 2. Should the local union still pay union membership dues even upon disaffiliation from its mother union?

HELD: 1. YES. A local union, being a separate and voluntary association, is free to serve the interest of all its members including the freedom to disaffiliate. This right is consistent with constitutional guarantee of FREEDOM OF ASSOCIATION. (Art. IV, Sec. 7, Phil. Constitution) 2. NO. The obligation of an employee to pay union dues is coterminous with his affiliation/ membership.

*ART. 241 of the Labor Code Incumbent affiliates of existing federations or national unions may disaffiliate only for the purpose of joining a federation or national union in the industry or region in which is properly belongs or for the purpose of operating as an independent labor group.

By: Sarah G. Dimaguila