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UST Faculty Union vs. UST [SEPARATE OPINION, DISSENTING, CARPIO-MORALES, J.]

UST FACULTY UNION, Petitioner, versus UNIVERSITY OF SANTO TOMAS, REV. FR. ROLANDO DE LA ROSA, REV. FR. RODELIO ALIGAN, DOMINGO LEGASPI, and MERCEDES HINAYON, Respondents.

G.R. No. 180892 | 2009-04-07

DISSENTING OPINION

CARPIO MORALES, J.:

The majority opinion holds that respondents' acts did not amount to unfair labor practice (ULP) primarily because petitioner failed to adduce substantial evidence to support the charge and that in negotiating and eventually concluding a new collective bargaining agreement (CBA) with the Gamilla Group, respondents merely performed their duty to bargain collectively.

I dissent.

Article 248(a) of the Labor Code considers it an Unfair Labor Practice (ULP) for an employer to interfere, restrain or coerce employees in the exercise of their right to self-organization or the right to form association.

In ...