Practice question
A member challenges a union dues resolution under its constitution and bylaws. Separately, supported evidence shows officers used expulsion selectively and sought employment discrimination to punish the member’s protected organizational choice. The officers argue that any intra-union issue necessarily defeats all ULP jurisdiction. Which is correct?
- The issues must be distinguished; the presence of an internal dispute does not automatically defeat a separately established statutory ULP claim.
- Every internal disagreement is automatically ULP.
- An intra-union issue immunizes every accompanying coercive act.
- Union officers are outside the Labor Code.
- A dues dispute alone necessarily proves employer discrimination.
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; Article 260.
- Mendoza v Officers of Manila Water Employees Union, G.R. No. 201595, January 25, 2016, labor-organization ULP and intra-union disputes: https://lawphil.net/judjuris/juri2016/jan2016/gr_201595_2016.html
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