Labor Organization and Legitimate Labor Organization
Ambulant, intermittent and itinerant workers, self-employed
1. Art. 212 :
“Labor Organization” – Any union for association of EE’s which
exists
for the purpose of collective bargaining or of dealing with E’s
concerning terms and conditions of employment.
“Legitimate Labor Organization” – Any labor organization duly
registered with the DOLE that includes any branch or local.
2.A local chapter becomes a legitimate labor organization only upon
submission of:
A.Charter certificate within 30 days from its issuance by the
laborfederation or national union.
B.Constitution and by-laws, statement on set of officers, and books
of accounts which are certified under oath by secretary or treasurer,
and attended to by its president.(Phoenix Iron vs. Secretary of Labor
and Employment)
Labor Dispute
1.Art. 212 : Any controversy or matter concerning terms and
conditions of employment or the association or representation of
persons innegotiating, fixing, maintaining, changing or arranging
terms andconditions of employment, regardless of whether the
disputants standin the proximate relation of ER and EE.
2. What is the test to determine whether a labor controversy comes
within the definition of labor dispute?
It depends on whether it involves or concerns terms, conditions of
employment or representation.(Azucena)
1.3Labor Relations Policy
1.What is the policy of the state with respect to the trade unionism,
collective bargaining and labor relations?
It is the policy of the State to :
A.Promote and emphasize the primacy of free Collective bargaining
and negotiations, including voluntary arbitration,mediation and
conciliation, as modes of settling labor andindustrial disputes.
B.Promote free trade unionism as an instrument for theenhancement
of democracy and the promotion of social justiceand development.
C.Promote the Enlightenment of workers concerning their rights and
obligations as union members and as EE’s.
D.To provide an adequate administrative Machinery for the
expeditious settlement of labor or industrial peace.
E.To ensure a stable but dynamic and just Industrial peace.
F.To ensure the participation of Workers in Decision and policy-
making processes affecting their rights, duties and welfare.
G.To encourage free trade Unionism and free collective bargaining.
(Art. 263)
Collective bargaining – Negotiations towards a collective agreement
designed to stabilize the relation between labor and management
and to create a climate of sound and stable industrial peace.(Kiok
Loy vs. NLRC)
The Secretary of Labor shall have the power and duty to inquire into
aspects of ER-EE relations concerning the promotion of harmony and
understanding between the parties. (Art. 273)
A line must be drawn between policies which are purely business-
oriented and those which affect the rights of EE’s.
Workers and ER’s shall, as far as practicable, be represented in
decision and policy-making bodies of the government. The Secretary
of Labor and Employment or his duly authorized representatives may
calla tripartite conference of representatives of government, workers
and EE’s for the consideration and adoption of voluntary codes of
principles designed to promote industrial peace or to align labor
movement relations with established priorities in economic and
socialdevelopment. (Art. 275) (ME vs. CUPID)
Section 2. Right to Self-Organization
2.1 Constitutional Basis of Right
1.Art. III, Sec. 8, Const. : The right of the people, including those
employed in the public or private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not
be abridged.
2.Art. XIII, Sec. 3, Const. : The State shall guarantee the rights of all
workers to self-organization, collective bargaining and
negotiations,and peaceful concerted activities including the right to
strike inaccordance with law.
2.2 Coverage
I. Art. 243 : Coverage and EE’s right to self-organization –
1.All persons employed in commercial, industrial and
agriculturalenterprises and in religious, charitable, medical, or
educationalinstitutions --- whether operating for profit or not, shall
have the rightto self-organization and to form, join or assist labor
organizations oftheir own choosing for purposes of collective
bargaining.
2.
people,rural workers and those without definite ER’s may form
labororganizations for their mutual aid and protection.
II. Art. 244 : Rights of EE’s in the public service–
1. EE’s of government corporations established under the
CorporationCode shall have the right to organize and bargain
collectively with theirrespective ER’s.
2.All other EE’s in the civil service shall have the right to form
associations for the purposes not contrary to law.
III. Art. 245 :
1.Managerial EE’s are not eligible to join, assist, or form any labor
organization.
2.Supervisory EE’s shall not be eligible for membership in a labor
organization of the rank-and-file EE’s but may join, assist or form
separate labor organizations of their own.
2.3 Extent and Scope of Right
I. Art. 246 : Non-abridgement of right to self-organization – It
shall be unlawful for any person to :
1. Restrain
2. Coerce
3.Discriminate against or
4.Unduly interfere with EE’s and the workers in their exercise of the
right to self-organization
II. The right to self-organization includes the right not to
form or join a union
(Reyes vs. Trejano) However, by virtue of the operation or
enforcement of a closed shop clause in a CBA, an ER may be
compelled on pain of dismissal, to become a member of a labor
union.(Alcantar a)
III. May an ER impose as condition for employment that the
applicant shall not join a labor organization or shall withdraw
from the one he belongs to?
No. Such a condition partakes of the nature of a “yellow dog
contract” andconstitutes an unfair labor practice. It is interference
with the individual’sright to self-organization.(Alcantar a)
2.4 Workers with Right to Self-Organization for Purposes of
Collective Bargaining
All EE’s
1.Art. 243 : All persons employed in commercial, industrial and
agricultural enterprises and in religious, charitable, medical,
oreducational institutions whether operating for profit or not, shall
havethe right to self-organization and to form, join or assist
labororganizations of their own choosing for purposes of
collective bargaining.
2.The Macho hair Saloon refused to bargain with the union of
thebarbershop composed of 8 barbers on the ground that the shop
was aservice establishment and the number of the barbers was less
than 10.Is the contention tenable?
No. The law does not fix the minimum number of EE’s for the
exercise ofthe right to self-organization and the right extends to all
types ofestablishments.(Alcantar a)
3.The faculty members of a non-profit school converted their club
into a labor union. Is this allowed?
Yes. Even EE’s in non-profit or religious organizations are entitled to
exercise this right.(Alcantar a)
A. RELIGION
The right of the members of the Iglesia ni Kristo sect not to join a
labor unionfor being contrary to their religious beliefs does not bar
the members of thatsect from forming their own union.(Kapatiran vs.
Calleja)
Government Corporation EE’s
Art. 244 : Rights of EE’s in the public service–
EE’s of government corporations under the Corporation Code shall
have the right to organize and bargain collectively with their
respective
ER’s.
Supervisors
1. Art. 245 : Supervisory EE’s shall not be eligible for membership in
a labor organization of the rank-and-file EE’s but may join, assist or
form separatel abor organizations of their own.
[“Supervisory EE’s] – Those, who, in the interest of the ER,
effectively recommend such managerial actions if in the exercise of
such authority is not merely routinary or clerical in nature but
requires the use of independentjudgment. (Art. 212) The criterion
which determines whether a particular EEis within the definition of a
statute is the character of the work performedrather than the title or
nomenclature of position held. (NSRC vs. NLRC)
3. If the recommendation of the teacher area supervisor is subject
toevaluation, review and final approval of the principal, is the
teacher asupervisory EE?
No. This is merely ineffective or clerical recommendation.(Laguna
Colleges vs. CIR)
4.Supervisors were given the job of “either to assist the foreman if
theeffective dispatch of manpower and equipment” or “execute
andcoordinate work plans emanating from his supervisors.” Are
these“supervisors” supervisory personnel?
No. They only execute approved and established policies leaving
little or no discretion at all whether to implement the said policies or
not.(Souther n
Philippines Federation vs. Calleja)
A. RIGHT TO ORGANIZE and LIMITATION
1.A supervisory union cannot represent the professional/technical
and confidential EE’s whose positions are more of the rank and file
thansupervisory. The professional/technical EE’s may join the
existing rankand file union, or form a union separate and distinct
from the existingunion organized by the rank and file EE’s. The
intent of the law is toavoid a situation where supervisors would
merge with the rank and file,or where the supervisor’s labor
organization would representconflicting interests. (Philippine
Phosphate vs. Torres)
2.The union of supervisory personnel affiliated with a national
federation.The local union of rank and file was also affiliated with the
said nationalfederation. Is this allowed?
No. A local supervisors’ union should not be allowed to affiliate with
anational federation of union of rank and file EE’s. Supervisors
should begiven an occasion to bargain together with the rank and
file against theinterests of the ER regarding terms and conditions of
employment.(Atlas Litographic vs. Laguesma)
Aliens
Art. 269 : Aliens working in the country with valid permits issued by
the
DOLE, may exercise the right of self-organization and join or assist
labor
organizations of their own choosing for purposes of collective
bargaining,provided, that said aliens are nationals of a country which
grants the sameor similar rights to Filipino workers.
Security Guards
Security guards may join rank and file or supervisors union
depending on their rank. (MERALCO vs. Secretary of Labor and
Employment)
2.5 Workers with no Right of Self-organization
Managerial and Confidential EE’s
1.Art. 245 : Managerial EE’s are not eligible to join, assist, or from
anylabor organization.
[“Managerial EE’s” – Those whose primary duty consists of
themanagement of the establishment of which they are employed or
of adepartment or subdivision thereof, and to other officers and
members of the managerial staff. (Art. 82)]
2.The nature of the job determines whether the EE’s fall under the
definition of “managerial”. A managerial EE is one “who is
vestedwith powers of prerogatives to lay down and execute
management policies and/or hire, transfer, suspend, lay-off, recall
discharge, assignor discipline EE’s or to effectively recommend such
managerial actions.
(SPFL vs. Calleja) The rationale for this is that the union is not
assured the loyalty of managerial EE’s in view of evident conflict of
interests orthat the union can become company-dominated with the
presence ofmanagerial EE’s in the membership. (Golden Farms vs.
Calleja)
3.Confidential EE’s are also prohibited from forming unions.(Pier8
Arrastre vs. Confesor) Having access to confidential information,
they may become a source of undue advantage. They may act as
spies of eitherparty to a CBA. These include accounting personnel,
radio and telephone operators and confidential secretaries. (Golden
Farms vs. Calleja)
4.The major patron’s duties include taking complete charge and
command of the ship and performing the responsibilities of the ship
captain; the minor patron also commands the vessel, plying the
limits of island waterway, ports and estuaries. Are they eligible to
join or form a union?
No. The exercise of discretion and judgment in directing a ship’s
course is managerial in nature. (Association of Marine Officers vs.
Laguesma)
Worker/Member of Cooperative
The right to forming or joining a labor organization for purposes of
collective bargaining is not available to an EE of a cooperative who
at the same time is a member and co-owner thereof. It is the fact of
ownership of the cooperative and not the involvement in the
management thereof, which disqualifies a member from joining any
labor organization within the cooperative with respect however, to
EE’s who are neither members or co-owners, they are entitled to the
rights of self-organization for purposes ofcollective
bargaining(Benguet Electric vs. Ferrer-Calleja). However,
amember/owner has the right to withdraw as owner of the
cooperative forpurposes of joining the union(Central Negros Electric
vs. Of DOLE).
Non-EE’s
Art. 243 : Ambulant, intermittent and itinerant workers, self-
employed people, rural workers and those without definite ER’s may
form labororganizations for their mutual aid and protection.
However, they are notentitled to the constitutional right to join or
form a labor organization forpurposes of collective bargaining.
(Singer vs. Drilon)
2.6 Part Protected
It is well-settled doctrine that the benefits of a CBA extend to the
laborer’sand EE’s in the collective bargaining unit, including those
who do not belongto the chosen bargaining labor organization.(MWU
vs. Aboitiz)
2.7 Sanctions for Violation of Right
1.Art. 248 : It shall be unlawful for an ER to interfere with, restrain or
coerce EE’s in the exercise of their right to self-organization.
2.Art. 249 : It shall be unfair labor practice for a labor organization,
its officers, agents and representatives to restrain or coerce EE’s in
the exercise of their rights to self-organization.
3.Art. 288:Penalty –
Fine of not less than P1,000.00 nor more than P10,000.00
Imprisonment of not less than 3 months nor more than 3 years, or
Both , at the discretion of the court.
In addition to such penalty, any alien found guilty shall be summarily
deported upon completion of service.
Any provision of the law to the contrary notwithstanding any
criminaloffense punished under this Code shall be under the
concurrent jurisdictionof the Municipal or City Courts and the RTC.
4.Art. 289 : If the offense is committed by a corporation, trust, firm,
partnership, association or any other entity, the penalty shall
beimposed upon the guilty officer or officers of such corporation,
trust,firm, partnership, association or entity.
Section 3. Labor Organization
3.1 Policy
Sec. 211 : It is a policy of the State to :
1.Promote free trade unionism as an instrument for the
enhancement of democracy and the promotion of social justice and
development.
2.Foster the free and voluntary organization of a strong and united
labor movement.
3.2 Labor Organization - Unions
A. LABOR ORGANIZATION
Art. 212 : Any union or association of EE’s which exist for the
purpose of collective bargaining or of dealing with ER’s concerning
terms and conditions of employment.
B. LOCAL UNION
Sec. 1, Rule I, Book V, IRR’s : Any labor organization operating at the
enterprise level.
C. NATIONAL UNION FEDERATION
Sec. 1, Rule I, IRR’s : Any labor organization with at least 10 locals or
chapters each of which must be duly recognized bargaining agent.
D. LEGITIMATE LABOR ORGANIZATION
Art. 212 : Any labor organization duly registered with the DOLE, and
includes any branch or local thereof.
D.1 Dole Registration Basis
A labor organization acquires legitimacy only upon registration with
theDOLE.(Progressive Development vs. Secretary of Labor and
Employment) A SECregistration cannot suffice. (Cebu Seamen’s
Association vs. Ferrer-Calleja)
E. COMPANY UNION
Art. 212 : Any labor organization whose information, function or
administration has been assisted by any act defined as ULP by this
Code.
3.3 Union Rationale
When is a labor organization wholesome? A labor organization is
wholesome if it serves its legitimate purpose of promoting the
interests oflabor without unnecessary labor disputes. That is why it is
given personalityand recognition in concluding CBA’s. but if it is
made use as a subterfuge, oras a means to subvert valid
commitments, it defeats its own purpose, for ittends to undermine
the harmonious relations between management andlabor. (United
Seamen’s Union vs. Davao Shipowners Association)
3.4 Labor Union and Government Regulation
Union Registration and Procedure Requirements
What are the requirements for registration of a labor
organization?
Art. 234:
Any applicant labor organization shall acquire legal personality and
shall be entitled to rights and privileges of legitimate labor
organizations upon8 issuance of a certificate of registration upon
submission of the following requirements:
A. Registration Fee
B. Names of its officers, addresses, principal address of the
organization, minutes of meetings and list of workers who
participated in meetings.
C. Names of all its members comprising at least 20% of all its EE”s in
the bargaining unit.
D. Copies of annual financial reports if union has been in existence
for more than 1 year.
E. Copies of constitution and by-laws.
Sec. 3, Rule II, Book V, IRR’s : Sworn statement by applicant union
that there is no certified bargaining agent in bargaining unit
concerned. Whenthere is an existing CBA duly submitted to the
DOLE, a sworn statement thatthe application for registration was
filed during the last 60 days of the agreement.
The application and all accompanying documents shall be verified
under oath by the secretary or the treasurer as the case may be,
and attested to by the president. (Id.)
II. What are the additional requirements for federations or
national unions?
A. Proof of affiliation of at least 10 local chapters.
Each of which must be a duly recognized collective bargaining
agent in the establishment or industry in which it operates.
B. Names and addresses of the companies where the locals or the
chapters operate and list of all the members in each company
involved.
III. What is the period for action on application? 30 days from
filing
(Art. 235)
A. REQUIREMENT AND RATIONALE
Registration is a condition sine qua non for the acquisition of legal
personality by a labor organization.(Protection Technology vs.
Secretary of Labor and Employment) However, it is not a limitation
on the right of assembly or association which may be exercised with
or without said registration.(PAFLU vs. Sec. of Labor) The statutory
and regulatory provisions of defining the requirements of legitimate
labor organizations are an exercise of the overriding police power of
the State designed for the protection of workers against potential
abuses by unions that recruit them.(Protection Technology vs. Sec.
of Labor) or fly-by-night unions whose sole purpose is to control
union for dubious ends. (Phoenix Iron vs. Sec. of Labor and
Employment)
Action or Denial of Application, and Remedy
1.Sec. 6, Rule II, Book V, IRR’s : Any applicant union may appeal to
the Bureau the denial of registration by the Regional Office, or to the
secretary if the denial is by the Bureau, within 10 calendar days from
receipt of such decision on grounds of :
A.grave abuse of discretion ; and
B.gross incompetence
The appeal shall be filed in the Regional Office/Bureau which shall
cause the transmittal of records to the Bureau/Secretary within 5
calendar days from receipt of the appeal.
The Bureau/Secretary shall decide the appeal within 20 calendar
days from receipt of the records of the case.
2. Can the Regional Office/Bureau exercise discretion in the
registration of the applicant union?
No. As long as the applicant union complies with all the legal
requirements for registration, it becomes the Office’s/Bureau’s
ministerial duty to do register the union. (Vassar vs. Estrella)
Effects on Freedom of Association
While disaffiliation from a labor union is not open to legal objection,
since it is implicit in the freedom of association ordained in the
Constitution, a closed shop agreement is a valid form of union
security and is not a restriction of the right of freedom of association
guaranteed by the Constitution.
Rights of Legitimate Labor Organization [REFOSAF]
I. What are the rights of legitimate labor organization?
A. Act as Representative of its members in collective bargaining
B. To be certified as the Exclusive representative of all the EE’s in an
appropriate collective bargaining unit for purposes of collective
bargaining.
C. To be furnished by the ER, upon written request, with its annual
audited financial statements, including the balance sheet and the
profit and loss statement, within 30 calendar days from the date of
receipt of request
After the union has been duly recognized by the ER or certified as
the sole and exclusive bargaining representative of the EE’s in the
bargaining unit, or
Within 60 calendar days before the expiration of the existing CBA,
or
During the collective bargaining negotiation.
D. To own property for the use and benefits of the labor organization
and its members.
E. To sue and be sued in its registered name.
F. To undertake all other Activities designed to benefit the
organization and
its members.
G. Its income and properties which are directly and exclusively used
for theirlawful purposes, shall be free from taxes, duties and other
assessments. Theexemptions provided herein may be withdrawn
only be a special lawexpressly repealing this provision. (REFOSAF)
II. Can the union effect a compromise of the money claims of
workers?
Money claims due to laborers cannot be the object of settlement
orcompromise effected by a union or counsel without the specific
individualconsent of each laborer concerned.(Kaisahan ng mga
Manggagawa sa La Campana vs. Sarmiento)
III. May a union waive a right of union members to
reinstatement provided for in an NLRC decision?
No, the waiver of reinstatement, must be regarded as a personal
right which
must be exercised personally by workers themselves.(Jag vs. NLRC)
A. EFFECT OF NON-REGISTRATION
Union, must comply with all the requirements of registration as a
legitimatelabor organization.(Protection Technology vs. Sec. of Labor
& Employment). However,if the union has filed application for
registration and has submitted all thelegal requirements, the fact
that it does not yet have the certificate ofregistration will not annul
the designation of the labor union as solebargaining agent by the
virtue of a certification election since the defect isnot fatal. (UE
Automotive EE’s vs. Noriel)
Cancellation of the Union Certificate Registration
I. What are the grounds for its cancellation of union registration by
the Bureau?
1.Misrepresentation, false statement or fraud by the union with
respect to the required documents submitted to the Bureau.
2.Failure to submit the documents within 30 days from adoption or
ratification of the constitution and by-laws or amendments thereto.
3.Misrepresentation, false statements or fraud in connection with the
election of officers, minutes of the elections and list of voters of
failureto submit these documents within 30 days from election [or
from theoccurrence of any change in the list of officers of the labor
organization (Art. 241)].
4.Failure to submit annual financial report within 30 days after
closing offiscal year and misrepresentation of fraud in the
preparation of thefinancial report.
5.Acting as labor contractor of “cabo” system.
6.Entering into CBA’s which provide terms and conditions of
employment below minimum standards.
7.Asking for or accepting attorney’s fees or negotiation fees from
ER’s.
8.Other than for mandatory activities under this Code, Checking
ofspecial assessment or other fees without duly signed individual
writtenauthorization of members.
9.Failure to submit list of individual members once a year or when
required(MACED MALL)
II. If a union declares an illegal strike, is this a good ground
for cancellation of union registration?
No. While Art .239 provides the phrase “acting as a labor
contractor… orotherwise engaging in any activity prohibited by law,”
this phrase refers toan activity partaking the nature of a labor
contractor. Thus, an illegal strike isnot one of the grounds for
cancellation of registration.(Itogon-Sayoc vs Sangilo- Itogin Worker’s
Union)
3.5 International Activities of Union Prohibition and
Regulation
I. What activities by aliens are prohibited?
All aliens, whether natural or juridical are strictly prohibited from
engaging directly or indirectly in all forms of trade, union
activitieswithout prejudice to normal contacts between Philippine
labor unions and recognized international labor centers. The
prohibition does not apply to the formation of labor organizations by
aliens working in the country with valid working permits. (Art. 269)
“Trade Union Activities” – shall mean : No. The provision is an unreasonable restriction on the workers’
1.organization formation and administration of labor organizations; exerciseof his right to self-organization. It would have those who
2.negotiation and administration of CBA’s; have less than 2years of service without representation in bargaining
3.all forms of concerted union action; with the ER. (Alcantara)
4.organizing, managing or assisting union action; A. 2 Due Process Rules
5.any form of participation or involvement in representation 1.An officer or a member of a labor union is entitled to due process
proceedings, representation elections, union elections; and before he can be expelled. The member of the labor union may
6.other analogous activities. (Art. 270)] beexpelled only for a valid cause and by following the procedure
II. What activities by aliens are regulated? outlinedin the constitution and by-laws of the union.(Kapisanan ng
No foreign individual, organization or entity may give any form of mga Mangagawa vs. Bugay)
assistance, in cash or in kind directly or indirectly, to any 2. The union constitution and by-laws provides that a member may
labororganization, group of workers or any auxiliary thereof, such beexpelled from the union upon a vote of 2/3 of all the members. Is
ascooperatives, credit unions and institutions engaged in the rule valid?
research,education or communication, in relation to trade union No. The expulsion of a union member cannot be made to depend
activities,without prior permission by the Sec. of Labor uponthe whims and caprices of cp-members. It must be founded on
This prohibition also applies to foreign donations or other forms of some justand serious grounds.(Alcantar a)
assistance, in cash or in kind, given directly or indirectly to any ER 3. 5 regular EE’s were dismissed allegedly pursuant to a union
orER’s organization to support any activity or activities affecting securityclause. They had previously been expelled from the union
trade unions. forattempting to oust the union leadership, but they were not given
III. The strike declared by Union M has reached its 60th day. anopportunity to explain their side. The company also did not
Taking pity on the hungry and sick strikers, B and G, French conduct aninvestigation into the matter. Is the dismissal of the EE’s
missionaries, distributed food and drinks to the strikers. Has lawful?
any one committed any illegal act? No. The union should have given them an opportunity to explain
Yes. B and G, distributing food and drinks to the strikers violated their sidebefore expelling them. And the company should have
theprohibition against aliens from engaging directly or indirectly in complied withprocedural due process before dismissing
all forms oftrade union activities. The term “trade union activities” them. (Ferrer vs. NLRC).
includes all forms ofconcerted union actions and analogous
activities.(Alcantar a)
3.6 Union-Member Relations
Nature of Relationship
The union may be considered but the agent of its members for the
purpose of securing for them fair and just wages and good working
conditions and is subject to the obligation of giving the members as
its principals all information relevant to union and labor matters
entrusted to it. (Heirs of Cruz vs. CIR)
Rights of Union Members
Summarize the basic rights of union members :
1.Political right – Member’s right to vote and be voted for, subject to
lawful provisions on qualifications and disqualifications.
2.Deliberative and decision-making right – Member’s right to
participate in deliberations on major policy questions and decide
them by secret ballot.
3.Right over money matter – Member’s right against excessive fees,
right against unauthorized collection of contributions or
unauthorizeddisbursements; the right to require adequate records of
income andexpenses and the right of access to financial records; the
right to voteon proposed special assessments and be deducted a
specialassessment only with the member’s written authorization.
4.Right to information – Member’s right to be informed about the
organization’s constitution and by-laws and the CBA and about labor
laws.
Issues
A. ADMISION AND DISCIPLINE OF MEMBERS
1.Art. 249 : A labor organization shall have the right to prescribe its
own rules and with respect to the acquisition or retention of
membership.
2.Art. 277 : Any EE, whether employed for a definite period or not,
shall, beginning on his 1st day of service, be considered an EE for
purposes of membership in any labor union.
A. 1. Admission
1.Labor unions are not entitled to arbitrarily exclude qualified
applicants
for membership, and a closed-up provision would not justify the ER
indischarging, or a union in insisting upon the discharge of it, an
EEwhom the union refuses to admit to membership, without
anyreasonable ground therefor. Thus, while generally the State may
notcompel the union to admit the individual as a member, this
scenario isnot an exception to that general rule. (Salunga vs. CIR)
2. The union’s constitution and by-laws provides that no individual
whopreviously belonged to another union may be admitted as
memberthereof. Is this provision valid?
No. While a union is in general free to select its own members, it
cannotimpose arbitrary and discriminatory conditions for admission
tomembership. It is very clear that the provision discriminates
against anindividual for having exercised his right to self-
organization.(Alcantar a)
3.The union constitution and by-laws provides that only EE’s with 2
yearsservice in the company are eligible for membership therein. Is
theprovision valid?