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If any union member/s violates the union security clause, particularly the close-shop provision,
modified union-shop or union-shop provisions, or make an acts of membership and the like, it can
be a ground for dismissal because the ground is disloyalty. There is no such thing as modified
closed-shop.
Question: When the union recommends to management the dismissal of an employee/s (lets say EEs
A,B and C) should management accord them due process (notice and hearing)?
Answer:
Yes. If management does not afford them due process, both the union and
management would be liable for damages. But if due process was extended by
management, only the union will be liable for damages.
Question: Where do you find the union security clauses? What is the new provision? Previously it was
Art. 248.
Answer:
Art. 254.
Question: Is it a correct statement that union security clauses would be a form of valid discrimination?
Answer:
An agency shop is designed to cover non-union members who enjoy the benefits of the CBA and
the purpose is to avoid free-riders. Thus, these non-union members will be assessed of what is
known as an agency fee. Agency fee is equivalent to the union dues paid by union members.
Non-union members pay agency fee on the basis of an agency shop agreement.
There are only two instances where a written authorization may not be required. As a general rule,
all deductions from the salaries and wages of union members should always be made pursuant to
a written authorization known as check-off authorization. However, as exceptions, in cases of (a)
deduction of an agency fee, and (b) deduction of yearly/annual mandatory activity, there is no
need for a check-off authorization.
Scenario:
Every year, the union will sponsor a trip to Boracay for the union members in order to
explain to their members the state of the union. In this case, there is no need for a
check-off authorization.
The Labor Code, as amended, provides for an automatic renewal clause so that there would be
continuity and no chasm.
In cases where there is a unanimity of the decisions of the LA, the NLRC and the CA, when you go
to the SC under Rule 45, after your Motion for Reconsideration has been denied by the CA, you can
Arellano University School of Law
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The petition must be filed within the last 60 days immediately preceding
the expiration of the CBA, otherwise known as the Freedom Period.
Consent signatures of 25% of the employees belonging to the bargaining
unit must be appended with the Petition.
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The SC ruled that a collective bargaining unit should only cover one company and not two or
more. (Indophil Textile Mill vs. Galicia)
FACTORS THAT DETERMINE THE APPROPRIATENESS OF A BARGAINING UNIT [POQUIZ, p.
235]
1.
Globe Doctrine
There can be one, two or three bargaining units depending on the will or desire of the
employees.
2.
3.
4.
5.
Question: What do you think is the policy of the DOLE on Bargaining Units in one company?
Answer:
One-Union, One-Company Policy
Question: Do you think all 4 or 5 factor can or must be present in the determination of a single
bargaining unit? Or the presence of 1 would be enough in the determination of the
appropriateness of a bargaining unit?
Answer:
Presence of one would suffice. Rarely would all these factors coincide.
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