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4.

The position of the ACCFA in regard to the question of fringe benefits


provided for inthe CBA is that the said fringe benefits have not become enforceable
because the condition that they should first be approved by the Office of the
President has not been complied with.
"Under Section 3, Article XIV, of the CBA, the same ""shall not become"
effective unless and untilthe same is duly ratified by the Board of
"Governors of the Administration "" Such approvalwas given even before the formal
execution of the CBA but with the proviso that •the fringe benefit$ i;ontained
ther""lin $hall talle effei;t only if approved by the office of the President• The
condit onis,"
"therefore, deemed to be incorporated into the agreement by reference."
"NOTE:On July 24, 1963 theACCFA Boardof Governors ratified the"
"CBA but withthe express qualificationthat the same was ""without prejudice to the
pending appeal in the Supreme Court....""The Office of Ille President approved the
payment of Ille CBA's agreed upon fringe benefits."
The Supreme Court held that insofar as the fringe benefits already paid
"are concerned,there is no reason to set aside the decision of the CIR, but that
since the respondent Unions have no right to the certification election sought by
them nor,consequently,to bargain collectively with the petitioner,no further fringe
benefits may be demanded on the basis of any collective bargaining agreement."
The decisions and orders appealed from are set aside and/or modified inaccordance
withthe foregoing pronouncements. No costs.

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