Practice question
A union asks an employer to dismiss an employee under a special expulsion standard applied only to that employee, rather than the usual membership conditions available to others. Assume the discriminatory attempt is proved. Which answer is correct?
- The request is automatically lawful because a union made it.
- Only actual dismissal, never an attempt, can fall under Article 260(b).
- Membership rules permit every discriminatory employment demand.
- Only the employer can ever commit ULP.
- Article 260(b) reaches causing or attempting to cause the specified 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
Answer this question in flashcards to review your response and continue practicing.