Palacol v. Calleja
G.R. No.178902
April 21, 2010
DOCTRINE: A withdrawal of individual authorizations is equivalent to no authorization at all hence no check-offs from any amounts due employees may be effected without an individual written authorization signed by the employees.
FACTS:
Respondent Union submitted to Coca-Cola (company) a ratification by the union members of the new CBA and authorization for the company to deduct union dues equivalent to Php 10 every payday. In addition, 10% by way of special assessment from the CBA lump-sum pay granted to the union members. This was to put up a cooperative and credit union; purchase vehicles and other items needed for the benefit of the officers and the general membership; and for the payment of services rendered by union officers, consultants and others. This authorization was obtained by the Union through a secret referendum held in separate local membership meetings on various dates. Initially, a majority approved the same but eventually more disagreed. Petitioners in this case, assail the validity of the 10% special assessment as it failed to meet the requirements set by law.
ISSUE:
Whether or not the special assessment and authorization is valid.
HELD:
No. The contention of the Union that the local membership meetings are the same as general meetings required by law is untenable because the law would not have specified a general membership meeting had the legislative intent been to allow local meetings in lieu of the latter. Furthermore, the Union submitted merely minutes recorded by a union director instead by the union secretary of the local membership meetings when what is required by law is a written resolution adopted at the general meeting. A withdrawal of individual authorizations is equivalent to no authorization at all hence no check-offs from any amounts due employees may be effected without an individual written authorization signed by the employees.
