Alabang Country Club v.

NLRC
Case doctrine: In terminating the employment of an employee by enforcing the union
security clause, the employer needs only to determine and prove that: (1) the union
security clause is applicable; (2) the union is requesting for the enforcement of the
union security provision in the CBA; and (3) there is sufficient evidence to support
the unions decision to expel the employee from the union.
Ponente: VELASCO, JR., J.
Facts:
Alabang Country Club Independent Employees Union is the exclusive bargaining
agent of Alabang Country Clubs rank-and-file employees. Its past officers,
Christopher Pizarro, Michael Braza and Nolasco Castueras, who were Union
President, Vice-President and Treasurer respectively, are now being questioned by the
new set of officers for malversation of funds. The three denied any wrongdoing and
proposed continuous salary deductions until all their accountabilities are paid.
Pursuant to the Union Security Clause of their CBA which provides that upon written
demand of the Union and after observing due process, the Club shall dismiss a regular
rank-and-file employee on the grounds stated therein, one of which being
malversation of union funds, the three were dismissed after an informal hearing
conducted by the Clubs general manager.
Labor Arbiter ruled in favor of Club, saying there was justifiable cause in their
termination.
NLRC ruled otherwise.
CA upheld NLRC ruling that the three were deprived due process.
Issue: Whether or not there was a valid ground for termination.
Held:
Termination of employment by virtue of a union security clause embodied in a
CBA is recognized and accepted in our jurisdiction. In terminating the employment of
an employee by enforcing the union security clause, the employer needs only to
determine and prove that: (1) the union security clause is applicable; (2) the union is
requesting for the enforcement of the union security provision in the CBA; and (3)
there is sufficient evidence to support the unions decision to expel the employee from
the union. These requisites constitute just cause for terminating an employee based
on the CBAs union security provision.
The language of Art. II(its union security clause) of the CBA that the Union
members must maintain their membership in good standing as a condition sine qua
non for their continued employment with the Club is unequivocal. It is also clear that
upon demand by the Union and after due process, the Club shall terminate the
employment of a regular rank-and-file employee who may be found liable for a
number of offenses, one of which is malversation of Union funds.
The three were afforded due process as they were given notice and opportunity to

present their side. Only after the Club determined that there was sufficient evidence
that it dismissed them from their employment. There was substantial compliance with
due process. #lim