Practice question
A CBA contains an applicable maintenance-of-membership clause. After an internal investigation, the union expels a member and asks management to dismiss the worker. Management immediately complies without informing the worker of the proposed employment dismissal or allowing any response, saying that the union’s proceeding alone necessarily discharges management’s obligations. Which assessment is sound?
- The employer must observe the employment-termination safeguards and cannot treat the union demand as an automatic dismissal order.
- The union may waive the employee’s due process rights for management.
- A membership expulsion conclusively proves every employment issue.
- The CBA removes all employer responsibility.
- Due process applies only if the employee is a union officer.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Article 259(e).
- Alabang Country Club v NLRC, G.R. No. 170287, February 14, 2008, union-security requisites and due process: https://lawphil.net/judjuris/juri2008/feb2008/gr_170287_2008.html
- Victoriano v Elizalde Rope Workers’ Union, G.R. No. L-25246, September 12, 1974, religious exemption: https://lawphil.net/judjuris/juri1974/sep1974/gr_l_25246_1974.html
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