Practice question
A union pays its bargaining counsel an agreed fee from pre-existing union funds. All applicable internal authorizations are satisfied, and no employee benefit is reduced. Does Article 228(b) prohibit the payment simply because the fee arose from collective bargaining?
- No; it expressly permits agreed attorney's fees to be charged against union funds.
- Yes; counsel may never be paid for bargaining.
- Yes; every fee must be charged to individual members.
- Yes; only the employer may pay such fees.
- No; because all attorney fees are exempt from every authorization rule.
Legal references
- https://library.laborlaw.ph/wp-content/uploads/2023/10/2022.Labor_.Code_.DOLE-edition.pdf — Labor Code Arts. 228(b) [222(b)], 250(n)–(o) [241(n)–(o)], 259(h) [248(h)] and 260(e) [249(e)].
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/49401 — Mariño v. Gamilla, G.R. 149763, July 7, 2009, main decision.
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