tropical hut employees

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TROPICAL HUT EMPLOYEES' UNION-CGW et al vs TROPICAL HUT FOOD MARKET, INC., et al G.R. No. L-43495-99 January 20, 1990 Facts: Rank and file workers of respondent company Tropical Hut Food Market Inc., organized a local union called the Tropical Hut Employees Union (THEU) and sought affiliation with the National Association of Trade Unions (NATU). THEU-NATU and respondent Tropical Hut Food Market, Inc., entered into a CBA incorporating a union-shop security clause and the attached check-off authorization form. THEU made an announcement in an open letter to the general membership of NATU informing them that THEU was disaffiliating from the NATU federation its affiliation with the Confederation of General Workers (CGW). NATU protested claiming that THEU the disaffiliation will be a violation of the existing CBA. Issue: WoN the disaffiliation of THEU is a violation to the existing CBA Held: When the local union withdrew from the old federation to join a new federation, it was merely exercising its primary right to labor organization for the effective enhancement and protection of common interests. The right of a local union to disaffiliate from its mother federation is well-settled. A local union, being a separate and voluntary association, is free to serve the interest of all its members including the freedom to disaffiliate when circumstances warrant. This right is consistent with the constitutional guarantee of freedom of association .

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Page 1: Tropical Hut Employees

TROPICAL HUT EMPLOYEES' UNION-CGW et al vs TROPICAL HUT FOOD MARKET, INC., et alG.R. No. L-43495-99 January 20, 1990

Facts:

Rank and file workers of respondent company Tropical Hut Food Market Inc., organized a local union called the Tropical Hut Employees Union (THEU) and sought affiliation with the National Association of Trade Unions (NATU). THEU-NATU and respondent Tropical Hut Food Market, Inc., entered into a CBA incorporating a union-shop security clause and the attached check-off authorization form. THEU made an announcement in an open letter to the general membership of NATU informing them that THEU was disaffiliating from the NATU federation its affiliation with the Confederation of General Workers (CGW). NATU protested claiming that THEU the disaffiliation will be a violation of the existing CBA.

Issue: WoN the disaffiliation of THEU is a violation to the existing CBAHeld:When the local union withdrew from the old federation to join a new federation, it was merely exercising its primary right to labor organization for the effective enhancement and protection of common interests. The right of a local union to disaffiliate from its mother federation is well-settled. A local union, being a separate and voluntary association, is free to serve the interest of all its members including the freedom to disaffiliate when circumstances warrant. This right is consistent with the constitutional guarantee of freedom of association.