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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
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)
What are union security clauses?
Union security clauses refer to arrangements or stipulations in the collective bargaining agreements (CBA) requiring membership in the contracting union as a condition for employment or retention of employment in the company.
Article 259 (par. e) of the Labor Code provides that “nothing in this 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.”
Any stipulation based on the foregoing provision of the Labor Code is commonly known as union security clauses.
Dismissal from employment due to enforcement of union security clauses, valid?
While not explicitly mentioned in the Labor Code, case law recognizes that dismissal from employment due to the enforcement of the union security clause in the CBA is another just· cause for termination of employment. Similar to the enumerated just causes in the Labor Code, the violation of a union security clause amounts to a commission of a wrongful act or omission out of one’s own volition; hence, it can be said that the dismissal process was initiated not by the employer but by the employee’s indiscretion. Further, a stipulation in the CBA authorizing the dismissal of employees is of equal import as the statutory provisions on dismissal under the Labor Code, since a CBA is the law between the company and the union and compliance therewith is mandated by the express policy to give protection to labor, thus, there is parallel treatment between just causes and violation of the union security clause. (Slord Development Corporation v. Benerando M. Noya, G.R. No. 232687, February 04, 2019)
Requisites for enforcement of union security clauses
In terminating the employment of an employee by enforcing the Union Security Clause, the employer needs only to determine and prove that: (1) the union security clause is applicable; (2) the union is requesting for the enforcement of the union security provision in the CBA; and (3) there is sufficient evidence to support the union’s decision to expel the employee from the union or company. (Herminigildo Inguillo v. Zenaida Bergante (G.R. No. 165407, June 05, 2009)
As held in the case of Slord Development Corporation v. Benerando M. Noya (G.R. No. 232687, February 04, 2019):
“To validly terminate the employment of an employee through the enforcement of the union security clause, the following requisites must concur:
(1) the union security clause is applicable;
(2) the union is requesting for the enforcement of the union security provision in the CBA; and
(3) there is sufficient evidence to support the decision of the union to expel the employee from the union.”
Read also: Who are not eligible to join, form, or assist a labor organization?
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