Philippine Bar review · Question

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

Multiple Choice Hard

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?
  1. The independently mandated increase does not erase the other accepted CBA benefits; the qualified agency-fee exception may support deduction without individual authorization
  2. One statutory increase proves no CBA benefit can exist
  3. Nonmembers’ objection always defeats the express exception
  4. Every nonmember must first become a union officer
  5. 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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