Topic: Labor Organization – Union – Definitions UNIVERSITY OF SANTO TOMAS v.

SAMAHANG MANGGAGAWA NG UST (SM-UST) Facts: SM-UST was the authorized bargaining agent of the 619 non-academic/non-teaching rank-and-file daily- and monthly-paid employees of UST. During formal negotiati ons for a new CBA, the parties agreed in principle on all non-economic provision s of the proposed CBA, except those pertaining to Agency Contract or contractual ization and Union Leave of the SM-UST President. SM-UST demanded for a monthly salary increase and signing bonus for each employe e, but petitioner insisted on its final offer. As a result, SM-UST declared a de adlock and filed a notice of strike with the NCMB-NCR. Conciliation and mediation proved to be futile and majority of SM-UST members vo ted to stage a strike. DOLE Secretary issued an Order subscribing to UST’s position on "salary distortion " deemed it proper to award an increase, not in salary but in signing bonus. Petitioner filed a motion for reconsideration, which the appellate court denied. Issues & Held: 1. W/N respondent’s members’ individual acceptance of the award and the resulting pa yments made by petitioner operate as a ratification of the DOLE Secretary’s award. NO. Such do not operate as a ratification of the DOLE Secretary’s award; nor a wai ver of their right to receive further benefits, or what they may be entitled to under the law. Respondent’s members were merely constrained to accept payment at t he time. Christmas was then just around the corner, and the union members were i n no position to resist the temptation to accept much-needed cash for use during the most auspicious occasion of the year. Time and again, we have held that nec essitous men are not, truly speaking, free men; but to answer a present emergenc y, will submit to any terms that the crafty may impose upon them. As individual components of a union possessed of a distinct and separate corpora te personality, respondent’s members should realize that in joining the organizati on, they have surrendered a portion of their individual freedom for the benefit of all the other members; they submit to the will of the majority of the members in order that they may derive the advantages to be gained from the concerted ac tion of all. Since the will of the members is personified by its board of direct ors or trustees, the decisions it makes should accordingly bind them. Precisely, a labor union exists in whole or in part for the purpose of collective bargaini ng or of dealing with employers concerning terms and conditions of employment. W hat the individual employee may not do alone, as for example obtain more favorab le terms and conditions of work, the labor organization, through persuasive and coercive power gained as a group, can accomplish better. 2. W/N appellate court’s award of additional signing bonus is warranted. NO. A signing bonus is a grant motivated by the goodwill generated when a CBA is successfully negotiated and signed between the employer and the union. In the i nstant case, no CBA was successfully negotiated by the parties. It is only becau se petitioner prays for this Court to affirm in toto the DOLE Secretary’s Order th at we shall allow an award of signing bonus. A bonus is a gratuity or act of lib erality of the giver; when petitioner filed the instant petition seeking the aff irmance of the DOLE Secretary’s Order in its entirety, assailing only the increase d amount of the signing bonus awarded, it is considered to have unqualifiedly ag

reed to grant the original award to the respondent union’s members.

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