Practice question
Nonmembers accept several benefits negotiated in a CBA, including additional paid leave and overload compensation. The employer refuses to deduct a reasonable equivalent agency fee solely because the nonmembers did not sign individual check-off forms, arguing that one salary increase was independently required by law. Which is best under Del Pilar?
- The independently mandated increase does not erase the other accepted CBA benefits; the qualified agency-fee exception may support deduction without individual authorization
- One statutory increase proves no CBA benefit can exist
- Nonmembers’ objection always defeats the express exception
- Every nonmember must first become a union officer
- Any fee of any size is automatically reasonable
Legal references
- Del Pilar Academy v.Del Pilar Employees Union, GR170112, April30,2008: https://lawphil.net/judjuris/juri2008/apr2008/gr_170112_2008.html
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