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BPIVs. BPI Employees Union-Davao Chapter-Federation of Unions in BPI Unibank [DECISION]

BANK OF THE PHILIPPINE ISLANDS, Petitioner, versus BPI EMPLOYEES UNION-DAVAO CHAPTER-FEDERATION OF UNIONS IN BPI UNIBANK, Respondent

G.R. No. 164301 | 2010-08-10

D E C I S I O N
 
LEONARDO-DE CASTRO, J.:
 
May a corporation invoke its merger with another corporation as a valid ground to exempt its "absorbed employees" from the coverage of a union shop clause contained in its existing Collective Bargaining Agreement (CBA) with its own certified labor union?  That is the question we shall endeavor to answer in this petition for review filed by an employer after the Court of Appeals decided in favor of respondent union, which is the employees' recognized collective bargaining representative.

At the outset, we should call to mind the spirit and the letter of the Labor Code...