INSULAR HOTEL

- Federation filed a case for mediation claiming diminution of benefits bec MOA re salaries
- Local union principal, Federation agent
- Local union’s existence is independent of federation, has own distinct personality
- mother federation cannot act independently of the local union
- MOA is valid

SAN MIGUEL V SM PACKING

2 fold procedure
1. affiliation of an independent union with a federation
2. process of chartering: direct creation of a local/chapter

Local/chapter may be directly created by a federation

Issue: PDMP cannot create local chapter because it is a trade union center, not a legitimate labor
organization.
- legal personality of labor org cannot be subject to collateral attack
-trade union centers cannot create local chapters.

PHILIPPINE SKYLANDERS V NLRC

Labor union affiliated w PAFLU but wanted to disaffiliate because of dereliction of duty. They affiliated
with another union NCW and requested for CB but was denied because of the disaffiliation. Union filed
ULP v company and union officers

PSI Pres argument: disaffiliation is intra union conflict, beyond juris of LA

UNION Argument: PALFU had no personality since no longer union

MAY AN INDEPENDENT SEPARATE LOCAL UNION VALIDLY DISAFFILIATE FROM PAFLU PENDING
SETTLEMENT OF ELECTION PROTEST REGARDING ITS STATUS AS EXCLUSIVE BARGAINING AGENT?
1. Proper venue of disaffiliation is BLR
2. Local has right to separate from federation because they are separate and distinct and voluntary
associations that do not owe their existence to federation but to the WILL of the members.
- essence of affiliation is to increase bargaining power of local union. THEY ARE FREE TO RENOUNCE
UPON TERMS LAID DOWN IN AGREEMENT OF AFFILIATION

UNION WAS NOT EXPRESSLY FORBIDDEN TO DISAFFILIATE, NO REQUIREMENTS FOR VALID BREAKAWAY.
Election protest was not bar to disaffiliation, which 111 of 120 92.5% supported

PAFLU instituted ULP against wishes of constituents. Claims of local are preferred over federation

NATIONAL UNION OF BANK EMPLOYEES V PHILBANK

During filing of certification election, union was registered as independent union and it disaffiliated w
NUBE
- failed to extend services, strained relations, blocked early CBA negotiations,

EFFECTIVE DISAFFILIATION
- Argument: ONLY DURING 60 DAY FREEDOM PERIOD AFTER CBA EXPIRATION  NOT IRON CLAD
- Latest certification election mooted disaffiliation  NO.
- MASS WITHDRAWAL OF MEMBERSHIP
- disaffiliated only 289 out of 3k > MINORITY  NO, 70% RATIFIED, 2000

LOCAL UNION HAS RIGHT TO DISAFFILIATE AND DECLARE AUTONOMY BECAUSE IT IS A SEPARATE AND
VOLUNTARY ASSOCIATION
- Subject to restraints by consti and by laws
- free to sever affiliation any time in absence of prohibition in federation’s constitution
- mere affiliation does not divest union of personality

PHIL LABOR ALLIANCE V BLR AND FFW ORION CHAPTER

Many members disaffiliated

ALLIANCE OF NATIONALIST AND GENUINE LABOR V SAMANA SA MANILA BAY SPINNING MILLS

ANGLO is official unit while SAMANA BAY is affiliate

- ANGLO entered CBA in representation of SAMANA BAY
- BUT SAMANA BAY CHOSE TO DISAFFILIATE BEC OF DERELICTION OF DUTY AND CORRUPTION 
UNANIMOUS
- Samana filed petition to stop remittance of federation dues to ANGLO
- ANGLO unseated all officers of SAMANA

ANGLO SAYS DISAFFILIATION VOID BEC CBA STILL EXISTING AND FREEDOM PERIOD HAS NOT SET IN YET
- med arbiter says disaff VOID but unseating of officers illegal

W/N DISAFFILIATION IS VALID YES

- all employees enjoy right to self-organization
- PROCEDURAL DEFECTS DOES NOT INVALIDATE DISAFFILIATION BEC FUNDAMENTAL RIGHT TO SELF ORG
- ANGLO’s inimical acts have not been rebutted
- PD1931: 60 DAY FREE PERIOD  EXCEPTIONS: LOCAL UNION HAS RIGHT TO DISAFFILIATE WHEN
CIRCUMSTANCES WARRANT  MAY BE CARRIED OUT WHEN THERE IS A SHIFT IN ALLIANCE ON
MAJORITY OF MEMBERS
-

Ousting not valid

- local union separate and distinct personality