Practice question
A union says it may levy an extraordinary legal-fee assessment because every attendee signed a payroll deduction form. Only forty of its one hundred members attended, and no written resolution of a majority of all members exists. Assume the fee is otherwise lawful and unrelated to CBA negotiation. Do the forty forms themselves establish compliance with paragraph (n)?
- Yes; forty forms always constitute a majority of one hundred
- No; individual check-off forms do not establish the required majority resolution at a duly called general meeting
- Yes; individual forms repeal the meeting requirement
- Yes; a fee’s lawful purpose removes all procedure
- Yes; the employer can supply the union resolution
Legal references
- Labor Code, Article 250 (formerly 241), paragraphs (g)-(p), as applicable: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
- Mariño v. Gamilla, GR 149763, July 7, 2009, main decision, special-assessment safeguards: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/49401
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