Practice question
A CBA clause requires only the lawful agency fee from covered nonmembers. A worker pays it and accepts benefits but never applies for union membership. Management treats payment alone as conclusive proof of membership and invokes a membership-maintenance duty. Which is best?
- The fee arrangement and actual membership must be distinguished; payment alone does not supply the missing membership premise.
- Every lawful fee automatically creates all possible membership duties.
- A nonmember can never accept a CBA benefit.
- A fee receipt is automatically a resignation letter.
- Management may rewrite the clause as any arrangement it prefers.
Legal references
- Labor Code, as amended, Articles 258 [247], 259 [248], 260 [249], 273 [260] and 277 [262-B]: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
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