Practice question
A union has an otherwise lawful membership-retention rule. Its leaders claim this allows them to threaten workers with violence for choosing a rival union and to procure discriminatory dismissals outside the usual membership conditions. Which assessment is correct?
- The existence of any membership rule validates every enforcement method.
- A union constitution overrides Article 260.
- Only an employer’s threats can affect self-organization.
- The power to make membership rules does not authorize coercion or the prohibited discriminatory employment demands.
- A rival union’s members have no organizational rights.
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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