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8
Labor Law II Block A
FACTS:
Petitioner was employed by Associated Labor Unions(ALU) as organizer. Bautista went on leave
and when he went back to work, he was informed that he was already terminated. The Director
ruled in favor of Bautista. The Deputy Minister of Labor, however, set aside the order of the
Director finding that his membership coverage with the SSS which shows that respondent ALU
is the one paying the employers share in the premiums is not conclusive proof that respondent is
the petitioners employer because such payments were performed by the respondent as a favor
for all those who were performing full time union activities with it to entitle them to SSS
benefits. He then ruled that there was no employer-employee relationship between ALU and
Bautista by the fact that ALU is not an entity for profit but a duly registered labor union whose
sole purpose is the representation of its bonafide organization units.
ISSUE:
May an employer employee relationship validly exist between a labor union and its member?
HELD:
Yes, the mere fact that the respondent is a labor union does not mean that it cannot be considered
an employer of the persons who work for it.