Practice question
A worker falls within the lawful religious closed-shop exemption described in Victoriano. The employer and union identify no independent lawful ground for dismissal and demand discharge solely because the worker declines the compulsory membership otherwise required by their agreement. Which analysis best follows the decision?
- A private agreement automatically repeals the statutory exemption.
- Religious protection necessarily abolishes the entire union.
- The recognized exemption prevents using the covered nonmembership alone as the compulsory-membership ground for discharge.
- The worker may never voluntarily join any group again.
- The union’s preference always supersedes every constitutional and legal accommodation.
Legal references
- Victoriano v. Elizalde Rope Workers Union, G.R. No. L-25246, September 12, 1974, main decision: https://lawphil.net/judjuris/juri1974/sep1974/gr_l_25246_1974.html
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