Practice question
For legal services unrelated to CBA negotiation and not a mandatory Code activity, a union validly approves a special assessment by written resolution of a majority of all members at a properly called meeting. The minutes and attestation comply. It then checks the fee off a dissenting employee’s wages without that employee’s signed authorization. Does meeting compliance alone authorize that check-off?
- No; paragraph (o)’s separate individual written authorization remains necessary
- Yes; the meeting vote replaces every individual deduction safeguard
- Yes; dissent automatically forfeits wages
- Yes; the lawyer may sign for the employee
- Yes; payroll deductions need no authority once a meeting occurs
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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