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De La Salle University, et al. Vs. De La Salle University Employees Association (DLSUEA-NAFTEU) [CONCURRING AND DISSENTING OPINION, BRION, J.]

DE LA SALLE UNIVERSITY and DR. CARMELITA I. QUEBENGCO, Petitioners, versus DE LA SALLE UNIVERSITY EMPLOYEES ASSOCIATION (DLSUEA-NAFTEU), Respondent. [CONCURRING AND DISSENTING OPINION, BRION, J.]

G.R. No. 177283 | 2009-04-07

CONCURRING AND DISSENTING OPINION

BRION, J.:

I concur and dissent from the ponencia as explained below.

The Facts:

The labor dispute traces its roots to the 15-year delay in the holding of an election of officers of the De La Salle University Employees Association (DLSU) -NAFTEU (union). Allegedly, the delay was approved by the general union membership under the condition that the officers would have holdover status until a collective bargaining agreement (CBA) was signed with the employer, the De La Salle University (De La Salle).

A CBA was duly negotiated and signed on March 30, 2000, but no union election followed until a group within the...