Philippine Bar review · Question

Practice question: Check-off, Assessments, and Agency Fees

Multiple Choice Hard

Practice question

A nonmember accepts CBA benefits and is lawfully subject to a reasonable equivalent agency fee. Union officers then declare the deduction proves the employee joined the union and owes an unrelated extraordinary membership assessment. Which distinction is correct?
  1. The agency-fee basis does not itself establish membership or authority for an unrelated extraordinary assessment
  2. Agency deduction automatically signs every membership document
  3. All fees share one unlimited legal basis
  4. Accepting CBA benefits waives every deduction safeguard
  5. A nonmember can never receive CBA benefits

Legal references

  • Labor Code Article250[241] current membership safeguards, read with RA9481: https://lawphil.net/statutes/presdecs/pd1974/pd_442a_1974.html Paragraphs(n)–(o), authorization scope.
  • Del Pilar Academy v Del Pilar Employees Union GR170112 April30,2008 MAIN: https://lawphil.net/judjuris/juri2008/apr2008/gr_170112_2008.html

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