August 27, 1973
FACTS:
A total of three unfair labor practice (ULP) cases for unlawful dismissal allegedly based on legitimate union activity were filed against Central Santos Lopez Co.,Inc. and respondent United Sugar Workers Union-ILO.
There was no question about the expulsion of the concerned personnel from the labor union.
In view of a closed-shop provision in the then existing collective bargaining contract, Central Santos Lopez Co., Inc. assumed it had to dismiss said personnel.
There was a question, however, as to petitioners having been employed by such respondent Company long before the collective bargaining contract, the first instance noted being that of Resurrecion Diaz who was in the service as far back as 1928.
In the decision of the CIR, there was an acknowledgment of the prior existence of such employment relationship. Nonetheless, the conclusion reached both by the trial judge was that dismissal was justifiable under the closed-shop provision of the collective bargaining agreement.
Hence, the instant petition.
ISSUE:
Whether the closed-shop provision in the CBA can be applied to petitioners. -- YES.
HELD:
The SC noted that the State has the obligation to assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. To further increase the effectiveness of such organizations, a closed-shop has been allowed.
For, rightly has it been said that workers unorganized are weak; workers organized are strong. Necessarily then, they join labor unions.