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BPI vs. BPI Employees Union-Davao Chapter-Federation of Unions in BPI Unibank [DISSENTING OPINION, CARPIO, J.]

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

DISSENTING OPINION


CARPIO, J.:

I dissent.

The petition calls upon this Court to review the Court of Appeals decision which reversed the decision of the Voluntary Arbitrator.  The Voluntary Arbitrator ruled that the FEBTC employees absorbed by BPI are not covered by the union shop clause in the CBA between BPI and BPI Employees Union (Union) because said absorbed employees are not "new employees" and they "cannot be compelled to join the Union as it is their constitutional right to join or not to join any organization."

In its Memorandum, petitioner BPI reiterated that "the State policy of promoting...