Professional Documents
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Rivera
Rivera
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G.R. No. 135547. January 23, 2002.
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* SECOND DIVISION.
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the employer. For this reason, the law has allowed stipulations
“union shop” and “closed shop” as means of encouraging workers
to join and support the union of their choice in the protection of
their rights and interests vis-à-vis the employer.
Same; Same; Under Article 253-A of the Labor Code, the
representation limit for the exclusive bargaining agent applies only
when there is an extant CBA in full force and effect.—We also do
not agree that the agreement violates the five-year representation
limit mandated by Article 253-A. Under said article, the
representation limit for the exclusive bargaining agent applies
only when there is an extant CBA in full force and effect. In the
instant case, the parties agreed to suspend the CBA and put in
abeyance the limit on the representation period.
Same; Same; The PAL-PALEA agreement dated 27 September
1998 is a valid exercise of the freedom to contract, and under the
principle of inviolability of contracts guaranteed by the
Constitution, the contract must be upheld.—In sum, we are of the
view that the PAL-PALEA agreement dated September 27, 1998,
is a valid exercise of the freedom to contract. Under the principle
of inviolability of contracts guaranteed by the Constitution, the
contract must be upheld.
QUISUMBING, J.:
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the three unions representing the airline’s employees, with
the Task Force as mediator.
On September 4, 1998, PAL management submitted to
the Task Force an offer by private respondent Lucio Tan,
Chairman and Chief Executive Officer of PAL, of a plan to
transfer shares of stock to its employees. The pertinent
portion of said plan reads:
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5 Id., at p. 101.
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I
PUBLIC RESPONDENTS GRAVELY ABUSED THEIR
DISCRETION AND EXCEEDED THEIR JURISDICTION IN
ACTIVELY PURSUING THE CONCLUSION OF THE PAL-
PALEA AGREEMENT AS THE CONSTITUTIONAL RIGHTS TO
SELF-ORGANIZATION AND COLLECTIVE BARGAINING,
BEING FOUNDED ON PUBLIC POLICY, MAY NOT BE
WAIVED, NOR THE WAIVER, RATIFIED.
II
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13
est of justice and in view of the public interest involved,
inasmuch as what is at stake here is industrial peace in the
nation’s premier airline and flag carrier, a national
concern.
On the second issue, petitioners contend that the
controverted PAL-PALEA agreement is void because 14
it
abrogated the right of workers to15 self-organization and
their right to collective bargaining. Petitioners claim that
the agreement was not meant merely to suspend the
existing PAL-PALEA CBA, which expires on September 30,
2000, but also to foreclose any renegotiation or any
possibility to forge a new CBA for a decade
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or up to 2008. It
violates the “protection to labor” policy laid down by the
Constitution.
Article 253-A of the Labor Code reads:
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13 Go v. Court of Appeals, G.R. No. 128954, 297 SCRA 574, 584 (1998);
Fortich v. Corona, G.R. No. 131457, 289 SCRA 624, 645 (1998).
14 CONST.Art. III, sec. 8.
15 CONST.Art. XIII, sec. 3.
16 CONST.Art. II, sec. 18; Art. XIII, sec. 3.
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together. The aforesaid provision must be read within the
context of the next clause, which provides:
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Petition dismissed.