Practice question
An employer receives an expulsion demand invoking union security but refuses to examine whether the clause covers the employee. Is the union request alone the entire test?
- No; applicability and sufficient evidence must also be addressed
- Yes; a demand conclusively establishes every condition
- Yes; no clause need exist
- Yes; expulsion proves every employment fact
- Yes; employee explanations are prohibited
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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