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SCIPSI vs. Montefalco, Jr.

SOUTH COTABATO INTEGRATED PORT SERVICES, INCORPORATED (SCIPSI), AND/OR GABRIEL MUNASQUE AS GENERAL MANAGER, PETITIONERS, VS. OFFICER-IN-CHARGE ROMEO MONTEFALCO, JR., AND MARIA CONSUELO S. BACAY IN THEIR CAPACITIES AS OIC OF BUREAU OF LABOR RELATIONS, MED ARBITER JASMINE M. DEMETILLO AND MAKAR PORT LABOR ORGANIZATION, REPRESENTED BY ITS PRESIDENT, MARIO C. MARIGON, RESPONDENTS.

G.R. No. 235569 | 2023-12-13

D E C I S I O N
 
GESMUNDO, C.J.:
 
A complaint charging the employer for non-remittance of collected union member dues by virtue of a check-off provision in the CBA, does not fall under "intra-union disputes" over which the Mediator-Arbiter (Med-Arbiter) may exercise jurisdiction. The charge constitutes an unfair labor practice on the part of the employer, being in the nature of interference, as it curtails the employees' right to self-organization. Hence, it is the Labor Arbiter who has jurisdiction to settle the controversy.

This is a Petition for Review on Certiorari[1] assailing the January 31, 2017[2]...