Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

Nonmembers in the appropriate bargaining unit accept benefits obtained through the recognized bargaining agent’s CBA. A reasonable agency fee equivalent to members’ dues and fees is assessed. Is individual written check-off authorization invariably required in this situation?
  1. Yes, the statute contains no agency-fee exception
  2. Yes, acceptance of CBA benefits is legally irrelevant
  3. Yes, nonmembers can never be assessed any fee
  4. No; the statutory agency-fee exception applies to the qualifying nonmembers who accept the CBA benefits
  5. No, because every deduction of any kind is exempt

Legal references

  • Labor Code Article259(e)[248(e)]; Del Pilar Academy GR170112: https://lawphil.net/judjuris/juri2008/apr2008/gr_170112_2008.html

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