Practice question
When a CBA is signed, Ana is already a member of another union. The bargaining agent demands her dismissal solely for refusing to transfer membership under the new union-security clause. There is no other alleged ground. Which statutory qualification must be considered?
- Prior union membership is legally irrelevant.
- The CBA may automatically nullify all prior memberships.
- A rival union’s members lose security of tenure upon signing.
- Article 259(e) excepts employees already members of another union at the time of CBA signing from the stated compulsory-membership agreement authority.
- The employer may force Ana to join both unions.
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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