Under Philippine labor law, particularly under the Labor Code and related jurisprudence, the admission of members into a labor union and the discipline of existing members are matters primarily governed by the union’s own constitution and by-laws, subject always to the constitutional and statutory principles that protect the right to self-organization, ensure fundamental fairness, and preserve public policy.

Foundational Legal Framework

Constitutional Basis:
The Philippine Constitution guarantees the right of all workers to self-organization, collective bargaining, and to form and join labor organizations. This fundamental right includes the prerogative of unions to determine, within lawful limits, the conditions for admission to membership and the disciplinary rules applicable to its members. Any exercise of these rights, however, must uphold due process, equal protection, and must not diminish constitutionally protected freedoms.
Labor Code Provisions:
Book V of the Labor Code, particularly those on labor relations, buttresses the constitutional right to self-organization by allowing workers to form, join, or assist labor organizations of their own choosing. The Code recognizes that unions, as voluntary organizations, have the inherent authority to prescribe their own membership standards and rules, provided these are not contrary to law, morals, or public policy.
DOLE Regulations and Union Registration:
In order for a union to be recognized as a legitimate labor organization, it must register with the Department of Labor and Employment (DOLE). As a condition for registration, the union must submit its constitution, by-laws, and a statement of its purposes, among other requirements. The submitted constitution and by-laws serve as the primary sources of union rules on membership admission, internal discipline, and other conditions of membership. DOLE registration effectively places the union’s internal regulations under the scrutiny of the State insofar as they must conform with lawful standards.

Admission of Members

Voluntary Nature of Membership (Absent a Union Security Clause):
Employees generally have the liberty to join a union of their choice. Membership is voluntary, and no employee may be required, except under a lawful union security clause in a collective bargaining agreement (CBA), to become or remain a union member as a condition of employment. In the absence of a valid union security arrangement, admission standards cannot be so arbitrary or discriminatory as to run afoul of the principle of freedom of association.
Standards for Admission:
The union’s constitution and by-laws usually articulate membership qualifications, such as being a regular employee in the bargaining unit, payment of initiation fees, or commitment to adhere to union policies and objectives. These criteria must be reasonable, job-related, and uniformly applied. Discriminatory admissions criteria—based on race, gender, political affiliation, religion, or other impermissible grounds—are unlawful.
Union Security Clauses:
When a union security clause is present in a CBA—e.g., “union shop” or “closed shop” provisions—membership in the union effectively becomes a condition of employment. In these cases, admission into the union is more automatic for employees who fall under the coverage of the clause, but the union still must set forth a rational and transparent process for admitting the affected employees. The union cannot arbitrarily refuse membership as it might lead to the employee’s termination from work. Such refusals are closely scrutinized by labor tribunals and courts to prevent abuses.
Procedural Safeguards for Admission:
While the decision to accept a new member is largely internal, due process considerations require that the union’s rules be clear, known, and fairly enforced. Denials of membership, especially in cases involving union security clauses, must be justifiable and consistent with internal rules. Any irregularity may be challenged before the National Labor Relations Commission (NLRC) or even the courts.

Discipline of Members

Union’s Right to Discipline:
Unions have the inherent right to maintain internal order and protect the integrity of the organization. They may impose disciplinary measures such as suspension, fines, or expulsion for violations of union rules, including non-payment of dues, engaging in activities inimical to the union’s interests, or violating the union’s constitution and by-laws.
Due Process Requirements:
The disciplining of a union member must be conducted in accordance with due process. At a minimum, due process involves:
- Notice: The member must be informed in writing of the specific charges or violations alleged.
- Hearing or Opportunity to be Heard: The member must be given a reasonable chance to present a defense, explain, or refute the allegations. This may involve a formal hearing or a less formal meeting, so long as the member’s right to respond is respected.
- Impartiality: The body or officers deciding the disciplinary matter must be unbiased, and their decision must be based on substantial evidence.
- Proportionality of Sanction: The penalty imposed should be commensurate with the gravity of the offense. Arbitrarily harsh penalties may be struck down as capricious or malicious.
Union Security and Disciplinary Actions:
Disciplining a member becomes more fraught when a union security clause is in effect because expulsion from the union can lead to termination of employment. Given the serious economic impact of such an action, the Supreme Court of the Philippines has underscored that scrupulous adherence to due process is required. The union’s power to expel members under a union security agreement cannot be exercised arbitrarily, oppressively, or unjustly. Courts and labor arbiters will intervene if there is evidence of abuse of this power.
Substantive and Procedural Validity:
Both the substance (grounds) and procedure (manner) of union discipline are subject to scrutiny. Disciplinary rules must not violate constitutional or statutory rights, must not be discriminatory, and must be consistent with the union’s own constitution and by-laws. The procedural aspect—fair hearing, notice, impartial tribunal—is equally pivotal. Failure to comply with these standards can invalidate the disciplinary action.

Oversight and Remedies

Department of Labor and Employment (DOLE):
DOLE exercises general supervision over the registration and internal governance of unions. Should members allege that admission was unjustly denied, or that disciplinary proceedings were conducted arbitrarily, they may seek assistance or file complaints with DOLE or its accredited agencies.
National Labor Relations Commission (NLRC):
The NLRC adjudicates labor disputes, including those arising from union membership and disciplinary actions. It can overturn union decisions that violate the law, the union’s own rules, or due process.
Judicial Review:
In cases involving grave abuse of discretion or clearly unlawful actions by union officers, aggrieved members may seek judicial review before the regular courts or, in appropriate instances, raise the matter to the Court of Appeals and ultimately the Supreme Court. Philippine jurisprudence has repeatedly affirmed that while unions enjoy autonomy in managing their internal affairs, such autonomy is not absolute and must always respect fundamental rights and public policy.

Key Jurisprudential Principles
Over time, the Supreme Court has laid down key principles for balancing union autonomy with individual member rights:

Union Autonomy vs. Individual Rights: Although the union has considerable leeway in admitting and disciplining its members, this autonomy cannot trample on fundamental employee rights, nor can it be exercised in an arbitrary or discriminatory manner.
Strict Scrutiny in Cases of Expulsion under Union Security: When an employee’s job hinges on union membership, the courts demand meticulous adherence to due process. The burden rests heavily on the union to prove fairness, good faith, and legality of the disciplinary action.
Public Policy Considerations: Union rules that contravene existing laws or established public policy—such as rules that impede an employee’s right to self-organization, freedom of thought, or prohibit seeking redress of grievances—will be struck down as void.

Conclusion
In the Philippine labor relations framework, the admission and discipline of union members rest primarily on the union’s constitution and by-laws, undergirded by statutory and constitutional mandates for fairness, non-discrimination, and respect for due process. While unions are granted wide latitude to manage their internal affairs, their decisions on who may join and who may be disciplined or expelled cannot run counter to the overarching principles of freedom of association, equal protection, and substantive and procedural due process. Ultimately, the equilibrium struck by law and jurisprudence ensures that unions remain both effective representatives of their members and responsible custodians of the rights and interests of individual workers.