O the winning union shall have the rights privileges

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: not
 union
 members
at
the
time
of
signing
the
contract
need
not
join
the
 union,
but
all
workers
hired
thereafter
must
join
 o Maintenance
of
membership
shop:
no
employee
is
compelled
 to
join
the
union,
but
all
present
or
future
members
must,
as
 a
 condition
 of
 employment,
 remain
 in
 good
 standing
 in
 the
 union
 o Exclusive
 bargaining
 shop:
 union
 is
 recognized
 as
 the
 exclusive
 bargaining
 agent
 for
 all
 employees
 in
 the
 bargaining
unit,
whether
union
members
or
not
 o Bargaining
 for
 members
 only:
 union
 is
 recognized
 as
 the
 bargaining
 agent
 only
 for
 its
 own
 members
 (But
 see
 Philippine
Diamond
Hotel
case
cited
under
Article
242)
 o Agency
 shop:
 agreement
 whereby
 employees
 must
 either
 join
 the
 union
 or
 pay
 to
 the
 union
 as
 exclusive
 bargaining
 agent
a
sum
equal
to
that
paid
by
the
members
 Directed
 against
 “free
 rider”
 employees
 who
 benefit
 from
 union
 activities
 without
 contributing
 financially
to
union
support
 Prevents
 a
 situation
 where
 nonunion
 members
 enrich
 themselves
 as
 the
 expense
 of
 union
 members
 Other
term
is
maintenance
of
treasury
shop
 Validity
of
closed­shop
agreement
 o Closed
 shop
 is
 a
 valid
 form
 of
 union
 security,
 and
 such
 provision
in
a
CBA
is
not
a
restriction
of
the
right
of
freedom
 of
association
 o • • 62
 Purposes
of
unionism/self‐organization
could
be
thwarted
if
 every
 worker
 were
 to
 choose
 to
 go
 his
 own
 separate
 way
 instead
 of
 joining
 his
 co‐employees
 in
 planning
 collective
 action
 and
 presenting
 a
 united
 front
 when
 they
 sit
 down
 to
 bargain
with
their
employers
 o As
 such,
 the
 law
 has
 sanctioned
 stipulations
 for
 the
 union
 shop
 and
 the
 closed‐shop
 as
 a
 means
 of
 encouraging
 the
 workers
 to
 join
 and
 support
 the
 labor
 union
 of
 their
 own
 choice
 as
 their
 representative
 in
 the
 negotiation
 of
 their
 demands
 and
 the
 protection
 of
 their
 interests
 vis‐à‐vis
 the
 employer
 o Another
 reason
 for
 enforcing
 the
 closed‐shop
 agreement
 is
 the
 principle
 of
 sanctity
 or
 inviolability
 of
 contracts
 guaranteed
 by
 the
 Constitution.
 Freedom
 of
 employees
 to
 organize
 themselves
 and
 select
 their
 representative
 for
 entering
 into
 bargaining
 agreements,
 should
 be
 subordinated
 to
 the
 constitutional
 provision
 protecting
 the
 sanctity
 of
 contracts.
 SC
 said
 that
 it
 cannot
 conceive
 how
 freedom
 to
 contract,
 which
 should
 be
 allowed
 to
 be
 exercised
 without
 limitation,
 may
 be
 subordinated
 to
 the
 freedom
 of
 laborers
 to
 choose
 the
 organization
 they
 desire
 to
represent
them
 Advantages
and
disadvantages
of
closed­shop
agreement
 o Advantages
–
 Increases
 the
 strength
 and
 bargaining
 power
 of
 labor
organizations
 Prevents
 non‐union
 workers
 from
 sharing
 in
 the
 benefits of
 the
 union’s
 activities
 without
 also
 sharing
its
obligations
 Prevents
 the
 weakening
 of
 labor
 organizations
 by
 discrimination
against
union
members
 Eliminates
 the
 lowering
 of
 standards
 caused
 by
 competition
with
nonunion
workers
 Enables
 labor
 organizations
 effectively
 to
 enforce
 collective
agreements
 Facilitates
 the
 collection
 of
 dues
 and
 the
 enforcement
of
union
rules
 o Disadvantages
–
 Results
in
monopolistic
domination
of
employment
 by
labor
organizations
 Interferes
 with
 the
 freedom
 of
 contract
 and
 personal
liberty
of
the
individual
worker
 Compels
 employers
 to
 discharge
 all
 nonunion
 workers
 regardless
 of
 efficiency,
 length
 of
 service,
 etc.
 Facilitates
 the
 use
 of
 labor
 organizations
 by
 unscrupulous
 union
 leaders
 for
 the
 purpose
 of
 extortion,
restraint
of
trade,
etc.
 Denies
to
nonunion
workers
equal
opportunity
for
 employment
 • Lalay
Abala.
ALS2014B.
Labor
II.
 Enables
 union
 to
 charge
 exorbitant
 dues
 and
 initiation
fees
 Valid
dismissal
because
of
application
of
union
security
clause
 o Union
 security
 clauses
 in
 CBA,
 if
 freely
 and
 voluntarily
 entered
into,
are
 valid
and
binding.
Thus,
the
dismissal
of
an
 employee
 by
 the
 company
 pursuant
 to
 a
 labor
 union’s
 demand
in
accordance
with
a
union
security
agreement
does
 not
constitute
ULP
 o Even
if
the
union
members
were
unaware
of
the
closed‐shop
 stipulation
in
the
CBA,
they
are
bound
by
it
 o Union
 members,
 although
 entitled
 to
 disaffiliate
 from
 their
 union
 and
 to
 form
 a
 new
 organization
 of
 their
 own,
 must
 suffer
 the
 consequences
 of
 their
 separation
 from
 the
 union
 under
the
security
clause
of
a
CBA
 o Tanduay
Distillery
Labor
Union
v.
NLRC
 Tanduay
 Distillery
 Inc
 and
 Tanduay
 Distillery
 Labor
 Union
 (TDLU)
 entered
 into
 a
 CBA
 which
 contained
 a
 union
 security
 clause.
 Thereafter,
 a
 number
 of
 TDLU
 members
 joined
 another
 union,
 KAMPIL.
TDLU
expelled
the
disaffiliating
members
 from
TDLU
and
demanded
that
Tanduay
terminate
 their
 employment
 since
 they
 had
 lost
 their
 membership
 with
 TDLU.
 Employer
 terminated
 employees.
 Employer
 did
 nothing
 but
 to
 put
 in
 force
 their
 agreement.
 Such
 a
 stipulation
 is
 not
 only
 necessary
 to
maintain
loyalty
and
 preserve
the
integrity
of
the
 union
 but
 is
 allowed
 by
 the
 Magna
 Carta
 of
 Labor
 when
 it
 provided
 that
 while
 it
 is
 recognized
 that
 an
 employee
shall
have
the
right
to
self­organization,
it
 is
at
the
same
time
postulated
that
such
rights
shall
 not
 injure
 the
 right
 of
 the
 labor
 organization
 to
 prescribe
 its
 own
 rules
 with
 respect
 to
 the
 acquisition
or
retention
of
membership
therein.
It
is
 a
 solemn
 pronouncement
 of
 a
 policy
 that
 while
 an
 employee
 is
 given
 the
 right
 to
 join
 a
 labor
 organization,
such
right
sho...
View Full Document

Ask a homework question - tutors are online