Can a local union like Volkschel disaffiliate from its mother union like b)Even before the onset

e the onset of the freedom period (and despite the closed-

ALUMETAL
shop provision in the CBA between the mother union and
Should the local union still pay union membership dues even upon management) but effected by majority of the members in the
disaffiliation from its mother union? bargaining unit.

Held: In this case, the respondents had not disaffiliated during the
YES. A local union, being a separate and voluntary association, is free to
freedom period and respondents failed to meet the necessary
serve the interest of all its members including the freedom to disaffiliate. This
right is consistent with constitutional guarantee of FREEDOM OF majority of the members in the bargaining unit as only 11 (the
ASSOCIATION. (Art. IV, Sec. 7, Phil. Constitution) individual respondents) out of 2000 AWU members voted for
disaffiliation.
NO. The obligation of an employee
Eventually, Metro suspended the said 11 individual respondents as Hence, the disaffiliation of AWUM from
AWU staged a strike, which consequently urged the respondents to file AWU is not considered a protected labor activity. However, it was
a complaint against Metro. held here that the respondents were illegally dismissed due to failure in
affording them due process, thus, back wages were awarded to them
Metro in turn made AWU a third-party complaint against
AWUM.NLRC ruled that the respondents have the right to organize
themselves into a local chapter and it cannot be considered as
disloyalty finding that AWU is a national union, hence, their dismissal
is illegal.

Issue:
Whether or not AWUM may disaffiliate from AWU.

Held:
No.
While it is true that AWUM is a local union and is free to serve the
interest of all of its members and enjoys the freedom to disaffiliate,
such disaffiliation may be exercised and is considered protected labor
activity only when permitted by the following circumstances:

a)Made during the 60-day freedom period immediately preceding the

expiration of CBA.