Specially Concerned Members of PNB Employees Association v. PEMA and PEMA National Executive Board

 [BLR-A-TR-09-11-05-18. September 18, 2018.](NCR-MPFO-IN-12-2017-001)IN RE: AUDIT EXAMINATIONSPECIALLY CONCERNED MEMBERS OF PNB EMPLOYEES ASSOCIATION (PEMA) and PNB R & F EMPLOYEES REPRESENTED BY ZENEN V. ATON, IDA M. DIAMANTE, ET AL., complainants-appellees, vs. PEMA AND PEMA NATIONAL EXECUTIVE BOARD, respondents-appellants.RESOLUTIONThis resolves the Partial Memorandum of Appeal filed by PEMA and PEMA National Executive Board from the Decision dated 13 April 2018 of DOLE National Capital Region Mediator-Arbiter Atty. Cesar P. Petate, the dispositive portion of which reads: WHEREFORE, premises considered, the petition filed by Zenen V. Aton, et al., is GRANTED. Accordingly, respondents Joseph A. Macalinao, et al., are hereby directed to REFUND to each union members the 5% special assessment fee derived from their 2017 to 2020 CBA benefits.However, the 5% special assessment fee imposed against non-union members for receiving the CBA benefits is VALID.The claim for moral and exemplary damages is DISMISSED for lack of merit.SO ORDERED.The facts are as follows:Philnabank Employees Association (PEMA, for brevity) is a legitimate labor organization of rank-and-file employees of Philippine National Bank (PNB). Its Executive Board is composed...