Practice question
An employer dismisses a union officer for a serious workplace offense proved through a fair process. The stipulated evidence shows the same standards were applied to similarly situated employees and establishes no anti-union motive, interference, or other statutory ULP. The officer relies solely on union office to prove ULP. What follows?
- Holding union office makes every dismissal ULP.
- The employer never bears obligations concerning union officers.
- Union officers cannot be disciplined for any offense.
- Union office alone does not establish ULP; the relevant statutory violation must be proved.
- A valid disciplinary process automatically cancels the union.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 259, 262-263 and 274.
- Adamson University Faculty and Employees Union v Adamson University, G.R. No. 227070, March 9, 2020, ULP proof and organizing nexus: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/66229
- Philippine Airlines v Dawal, G.R. Nos. 173921 and 173952, February 24, 2016, gross economic CBA violations: https://lawphil.net/judjuris/juri2016/feb2016/gr_173921_2016.html
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