Requisites for enforcement of union security clauses | 26 October 2023

Any stipulation based on the foregoing provision of the Labor Code is commonly known as union security clauses

Author

Alburo Law
October 26, 2023

What are the requisites for enforcement of union security clauses?

Nothing in the Labor Code or any other law shall stop the parties from requiring membership in a recognized collective bargaining agents as a condition for employment, except those employees who are already members of another union at the time of signing the collective bargaining agreement. (Article 259, par. e, Labor Code)

“To validly terminate the employment of an employee through the enforcement of the union security clause, the following requisites must concur:

(a) the union security clause is applicable;

(b) the union is requesting for the enforcement of the union security provision in the CBA; and

(c) there is sufficient evidence to support the decision of the union to expel the employee from the union.” (Slord Development Corporation v. Benerando M. Noya, G.R. No. 232687, February 04, 2019)

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