Maintenance of Membership Shop Is A Form of Union Security.

Definition:
Maintenance of membership shop is a

form of union security.
There is maintenance of membership
shop when employees, who are union members
as of the effective date of the agreement,
or who thereafter become members, must
maintain union membership as a condition for
continued employment until they are promoted
or transferred out of the bargaining unit or
the agreement is terminated.
Source: Inguillo and Bergante vs. First Philippine Scales G.R. No. 165407, June
5, 2009 .
Hence, the present petition.
Essentially, the Labor Code of the Philippines has several provisions u
nder which an employee may be validly terminated, namely: (1) just causes under
Article 282;[34] (2) authorized causes under Article 283;[35] (3) termination du
e to disease under Article 284;[36] and (4) termination by the employee or resig
nation under Article 285.[37] While the said provisions did not mention as gro
und the enforcement of the Union Security Clause in the CBA, the dismissal from
employment based on the same is recognized and accepted in our jurisdiction.[38]

Union security is a generic term, which is
applied to and comprehends closed shop, union shop,
maintenance of membership or any other form of agreement
which imposes upon employees the obligation to acquire or
retain union membership as a condition affecting employment.[39]
There is union shop when all new regular employees are required to
join the union within a certain period as a condition for their
continued employment. There is maintenance of membership shop
when employees, who are union members as of the effective date of
the agreement, or who thereafter become members, must maintain
union membership as a condition for continued employment until
they are promoted or transferred out of the bargaining unit
or the agreement is terminated.[40]
A closed-shop, on the other hand, may be defined as an
enterprise in which, by agreement between the employer and
his employees or their representatives, no person may be employed
in any or certain agreed departments of the enterprise unless
he or she is, becomes, and, for the duration of the agreement,
remains a member in good standing of a union entirely comprised
of or of which the employees in interest are a part.[41]
LABOR LAW 2012, Question No. II
In the Collective Bargaining Agreement (CBA)
between Dana Films and its rank-and-file Union
(which is directly affiliated with MMFF, a national federation),
a provision on the maintenance of membership expressly provides
that the Union can demand the dismissal of any member employee
who commits acts of disloyalty to the Union as provided for
in its Constitution and By-Laws. The same provision contains
an undertaking by the Union (MMFF) to hold Dana Films free
from any and all claims of any employee dismissed. During the
term of the CBA, MMFF discovered that certain employee-members
were initiating a move to disaffiliate from MMFF and join a
rival federation, FAMAS. Forthwith, MMFF sought the dismissal
of its employee-members initiating the disaffiliation movement
from MMFF to FAMAS. Dana Films, relying on the provision of
the aforementioned CBA, complied with MMFF's request and
dismissed the employees identified by MMFF as disloyal
to it.
a) Will an action for illegal dismissal against Dana Films
and MMFF prosper or not? Why? (5%))

b) What are the liabilities of Dana Films and MMFF to
the dismissed employees, if any? (5%)
My answer:
a) Yes, an action for illegal dismissal against Dana Films and MMFF
will prosper.
Maintenance of membership is a form of union security and
is a valid clause under their CBA.
The maintenance of membership clause was validly
agreed upon in their CBA and this form of union security
is recognized and accepted in our jurisdiction.
However, nowhere in the facts is it mentioned that
Dana Films and MMFF observed the requisite procedural
process before dismissing these employees. Thus,
an action for illegal dismissal may prosper although
there is a valid cause for dismissing these employees.
Source: Inguillo and Bergante vs. First Philippine Scales G.R. No. 165407,
June 5, 2009
b) While the disaffiliating employees can be validly dismissed
pursuant to the enforcement of Union Security clause, there
is still a need to comply with the requisite procedural due process.
Absent this, Dana Film and MFF can be held liable for nominal damages.
As in the case of Agabon vs NLRC, where the dismissal is for a cause
recognized by the prevailing jurisprudence, the absence of
the statutory due process should not nullify the dismissal or
render it illegal, or ineffectual. Accordingly, for violating
Bergante and Inguillo's statutory rights, respondents should
indemnify them the amount of P30,000.00 each as nominal damages.
Source: Inguillo and Bergante vs. First Philippine Scales G.R. No. 165407,
June 5, 2009

Maintenance of Membership Shop Is A Form of Union Security.

Uploaded by

Copyright:

Available Formats

Maintenance of Membership Shop Is A Form of Union Security.

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Maintenance of Membership Shop Is A Form of Union Security.

Uploaded by

Copyright:

Available Formats

Definition:

Maintenance of membership shop is a

You might also like