Philippine Bar review · Question

Practice question: Union Security Clauses

Multiple Choice Hard

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?
  1. Prior union membership is legally irrelevant.
  2. The CBA may automatically nullify all prior memberships.
  3. A rival union’s members lose security of tenure upon signing.
  4. Article 259(e) excepts employees already members of another union at the time of CBA signing from the stated compulsory-membership agreement authority.
  5. 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

Answer this question in flashcards to review your response and continue practicing.