Forbes Country Club (Club) owns a golf course and has 250 rank-and-file employees who are members of the Forbes Country Club Union (Union). The Club has a CBA with the Union and one of the stipulations is a Union Security Clause, which reads: “All regular rank-and-file employees who are members of the union shall keep their membership in good standing as a condition for their continued employment during the lifetime of this agreement.”
Peter, Paul and Mary were the Treasurer, Assistant Treasurer, and Budget Officer of the Union, respectively. They were expelled by the Board of Directors of the Union for malversation. The Union then demanded that the Club dismiss said officials pursuant to the Union Security Clause that required maintenance of union membership. The Club required the three officials to show cause in writing why they should not be dismissed. Later, the Club called the three Union officials for a conference regarding the charges against them. After considering the evidence submitted by the parties and their written explanations, the Club dismissed the erring officials. The dismissed officials sued the Club and the Union for illegal dismissal because there was really no malversation based on the documents presented and their dismissal from the Union was due to the fact that they were organizing another union.
[a] Is the dismissal of Peter, Paul and Mary by the Club valid? (2.5%)
[b] If the expulsion by the Union was found by the Labor Arbiter to be baseless, is the Club liable to Peter, Paul and Mary? Explain. (2.5%)
Suggested answer only. Not an official answer and not legal advice.
[a] Yes, the dismissal of Peter, Paul, and Mary is valid. [b] Yes, if the expulsion is found baseless, the Club is liable to them. Dismissal under a union security clause is valid if the clause applies,
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Quick check
What is a union security clause in a Collective Bargaining Agreement?
A union security clause obligates covered employees to maintain union membership in good standing to retain employment.
Which requirement must an employer satisfy before dismissing an employee under a union security clause?
An employer must observe procedural due process and independently evaluate the factual basis of the union's expulsion demand.
What is the legal consequence if an employer dismisses an employee based on a union expulsion that is later declared baseless by a Labor Arbiter?
If the underlying union expulsion is found baseless, the employer and union share solidary liability for illegal dismissal.
Which element is NOT required for a valid dismissal pursuant to a union security clause?
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Why does an employer's observance of procedural due process not completely shield it from liability if the expulsion is later ruled illegal?
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Learn more about these topics
1. Union Security Clause
A union security clause is a stipulation in a Collective Bargaining Agreement requiring employees to join or maintain membership in good standing with the bargaining union as a condition of continued employment. While valid and enforceable, enforcement of such a clause requires strict compliance with due process and statutory safeguards. An employer enforcing union security must ensure that the contract covers the employee, the union requests dismissal, and sufficient evidence supports the expulsion.
2. Employer Investigation
When a union demands the dismissal of an employee under a union security clause, the employer cannot blindly rely on the union's expulsion decision. The employer must conduct its own independent investigation and afford the employee procedural due process, including notice and hearing. If the employer fails to ascertain the factual basis for expulsion and the expulsion is later declared illegal or baseless, the employer becomes solidarily liable with the union for illegal dismissal.
3. Due Process Requirements
Compliance with procedural due process in dismissals based on union security clauses mandates serving the employee a notice to explain, providing an opportunity to be heard, and serving a written notice of decision. While observance of due process protects the employer from liability at the time of dismissal, it does not completely absolve the employer from substantive liability if the underlying union expulsion is subsequently proven invalid or illegal by labor tribunals.