Practice question
A worker establishes membership in a religious sect that prohibits its members from affiliating with labor unions. The union invokes a closed-shop agreement to require membership despite that prohibition. Which principle in Victoriano is material?
- All personal dislikes of unions are statutory religious exemptions.
- The union may override the exemption by majority vote.
- Religious affiliation is irrelevant in every union-security case.
- The employer may decide which religious doctrine is valid.
- The recognized religious exemption limits compulsory membership under the union-security agreement.
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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