Practice question
A member is validly expelled for proved misconduct under lawful union procedures. The employer invokes union security but affords no separate opportunity to explain and simply treats the union letter as conclusive. What distinction is necessary?
- Lawful union discipline does not itself dispense with the employer’s applicable substantive and procedural duties
- Union procedure automatically supplies every employment requirement
- Every expulsion defeats all job protection
- The employer must never read supporting evidence
- A security clause permits arbitrary dismissal
Legal references
- Diokno v Cacdac GR168475 July4,2007 MAIN, constitution and bylaws discipline: https://lawphil.net/judjuris/juri2007/jul2007/gr_168475_2007.html
- Alabang Country Club v NLRC GR170287 February14,2008 MAIN: https://lawphil.net/judjuris/juri2008/feb2008/gr_170287_2008.html
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