G.R. No. 190196, September 17, 2012
SECOND DIVISION
[ G.R. No. 190196, September 17, 2012 ]
HOLIDAY INN MANILA PAVILION HOTEL LABOR UNION [HIMPHLU] AND LEONARDO G. DESIERTO V. NATIONAL UNION OF WORKERS IN HOTELS, RESTAURANTS AND ALLIED INDUSTRIES [NUWHRAIN]-NAGKAKAISANG MANGGAGAWA SA HOLIDAY INN MANILA CHAPTER, FELIX LAGO, JUDITH RINT, LAILA GEJON, RENATO LEGASPI, ALFREDO PRESTOSA, EDGARDO DAMASO, CHARLIE BORROMEO, ROMULO ALFONSO, RODRIGO FLOR, RICK GALVEZ, TIMOTEO BLANDO, DOMINGO ACO, RODERICK YUMANG AND SILVINO FEDALGO
Sirs/Mesdames:
G.R. No. 190196 (Holiday Inn Manila Pavilion Hotel Labor Union [HIMPHLU] and Leonardo G. Desierto v. National Union of Workers in Hotels, Restaurants and Allied Industries [NUWHRAIN]-Nagkakaisang Manggagawa sa Holiday Inn Manila Chapter, Felix Lago, Judith Rint, Laila Gejon, Renato Legaspi, Alfredo Prestosa, Edgardo Damaso, Charlie Borromeo, Romulo Alfonso, Rodrigo Flor, Rick Galvez, Timoteo Blando, Domingo Aco, Roderick Yumang and Silvino Fedalgo); and G.R. No. 190279 (Acesite [Phils.] Hotel Corporation v. National Union of Workers in Hotels, Restaurants and Allied Industries [NUWHRAIN]- Samahan ng mga Nagkakaisang Manggagawa sa Holiday Inn Manila Chapter, Felix Lago, Judith Rint, Laila Gejon, Renato Legaspi, Alfredo Prestosa, Edgardo Damaso, Charlie Borromeo, Romulo Alfonso, Rodrigo Flor, Rick Galvez, Timoteo Blando, Domingo Aco, Roderick Yumang and Silvino Fedalgo).
After a judicious review of the records, the Court resolves to AFFIRM the August 10, 2009 Decision and November 11, 2009 Resolution of the Court of Appeals (CA) in CA-G.R. SP No. 88193 and DENY the instant consolidated petitions for failure to show that the CA committed any reversible error in holding that the respondents were illegally dismissed. As correctly held by the CA, the respondents were deemed to have constructively resigned from Holiday Inn Manila Pavilion Hotel Labor Union (HIMPHLU) when it organized a rival union, the National Union of Workers in Hotels, Restaurants and Allied Industries - Samahan ng mga Nagkakaisang Manggagawa sa Holiday Inn Manila Chapter (NUWHRAIN), to challenge its representation status in a petition for certification election during the freedom period. Hence, when the 2000-2005 Collective Bargaining Agreement was executed between Holiday Inn Manila Pavilion Hotel and the prevailing collective bargaining agent, HIMPHLU, containing the union security clause, the respondents were no longer members of HIMPHLU but of another union, NUWHRAIN, placing them beyond its coverage in accordance with Article 248(e) of the Labor Code. It likewise did not err in holding the petitioners guilty of unfair labor practice under Articles 248(e) and 249(b) of the Labor Code.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LOURDES C. PERFECTODivision Clerk of Court
