2013 (Labor Law) Bar Exam Questions: Question 9

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IX

Pablo works as a driver at the National Tire Company (NTC). He is a member of the Malayang Samahan ng Manggagawa sa NTC, the exclusive rank-and-file collective bargaining representative in the company. The union has a CBA with the NTC which contains a union security and a check-off clause. The union security clause contains a maintenance of membership provision that requires all members of the bargaining unit to maintain their membership in good standing with the union during the term of the CBA under pain of dismissal. The check-off clause on the other hand authorizes the company to deduct from union members’ salaries defined amounts of union dues and other fees. Pablo refused to issue an authorization to the company for the check-off of his dues, maintaining that he will personally remit his dues to the union.

(A) Would the NTC management commit unfair labor practice if it desists from checking off Pablo’s union dues for lack of individual authorization from Pablo? (4%)

(B) Can the union charge Pabloy with disloyalty for refusing to allow the check off of his union dues and, on this basis, ask the company to dismiss him from employment? (4%)

10 comments

  1. A. No, check off can only be made if there is a written consent by the employee.
    B. No, non payment of dues is a ground for disloyalty not refusal to submit a written authorization. As long as he is paying his dues he is considerd a member in good standing thus such move will be premature.

      1. Actually madami ako answers na pareho sa iyo anon, hopefully good thing sa atin iyon. Hehehe sana pumasa tayo 🙂

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