G.R. No. 164301 : August 10, 2010
BPI and FEBTC entered in a merger. Pursuant to which all employees of FEBTC shall be hired by petitioner as its own employees, with their status and tenure recognized and salaries and benefits maintained.
The BPI EU invited said FEBTC employees to a meeting regarding the Union Shop Clause of the existing CBA between petitioner BPI and respondent Union.
Section 2. Union Shop – New employees falling within the bargaining unit as defined in Article I of this Agreement, who may hereafter be regularly employed by the Bank shall, within thirty (30) days after they become regular employees, join the Union as a condition of their continued employment. It is understood that membership in good standing in the Union is a condition of their continued employment with the Bank
The former FEBTC employees who refused to join, as well as those who retracted their membership was called for a hearing for that matter. When these former FEBTC employees refused to attend the hearing, the president of the Union requested BPI to implement the Union Shop Clause of the CBA and to terminate their employment pursuant thereto.