Mandatory Activity | Rights and Conditions of Membership | LABOR RELATIONS

Under Philippine labor law, the rights and conditions of membership in a labor organization are grounded primarily in the constitutional guarantee of workers’ rights to self-organization and collective bargaining, as well as in the Labor Code of the Philippines (Presidential Decree No. 442, as amended). When examining these rights and conditions, one nuanced aspect is the concept of “mandatory activity,” which generally refers to obligations or activities that a labor organization may lawfully require its members to undertake as a condition or consequence of union membership.

Foundational Legal Framework

1. Constitutional Basis:
   Article XIII, Section 3 of the 1987 Philippine Constitution guarantees the right of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. This constitutional backdrop ensures that labor organizations have the right to manage their internal affairs, including setting conditions for membership, as long as these conditions remain consistent with public policy, law, and fair labor standards.

2. The Labor Code of the Philippines:
   Book V of the Labor Code, specifically Title IV (Labor Organizations) and Title VI (Unfair Labor Practices), establishes the legal parameters for labor organizations, their rights and obligations, and the permissible scope of membership conditions. While the Code does not explicitly label certain aspects as "mandatory activity," it does set forth rules and limitations that guide what unions may lawfully demand from their members.

Union Membership and Conditions Thereof

1. Union Security Arrangements:
   Among the most common forms of mandatory conditions tied to membership are union security clauses in collective bargaining agreements (CBAs). These include:

   • Closed Shop Agreements: Require that employees must be union members at the time of hiring and remain so as a condition of continued employment. Once agreed upon, joining the union (and thus abiding by union-imposed activities) is effectively mandatory for those wishing to keep their jobs.
   • Union Shop Agreements: Require non-union employees to join the union within a specified period or face termination. This indirectly mandates participation in certain union-approved activities, since becoming a member subjects the individual to union rules.
   • Maintenance-of-Membership Clauses: Require current union members to maintain their membership for the duration of the CBA. While not as stringent as a closed shop, it still compels members to comply with the union’s internal obligations, including mandatory activities established by the union’s constitution and by-laws.

   These arrangements, however, must comply with the Labor Code and are subject to negotiation and mutual agreement between the employer and the union. They cannot be imposed unilaterally by the union and must not conflict with employees’ rights or public policy. The law and jurisprudence strongly hold that any security clause or mandatory obligation must be fair, non-discriminatory, and not designed to restrict employees’ statutory rights.

2. Internal Union Rules and By-Laws:
   A labor organization’s constitution and by-laws are the principal internal documents outlining the rights and obligations of union members. Here, “mandatory activities” may include:

   • Payment of Union Dues and Assessments: Union dues, special assessments (for example, for a strike fund or legal defense fund), and other financial contributions are typically mandatory. They must, however, be properly authorized under union rules and subjected to a democratic process (such as a general membership vote for special assessments).
   • Attendance at Meetings or Assemblies: While unions may encourage or even require attendance at certain critical meetings (e.g., assemblies for ratifying a CBA or deciding on strike action), the enforcement of such requirements must be reasonable. Disciplinary measures for failing to attend can be imposed only if such obligations are clearly stated in union rules, have a legitimate union purpose, and do not violate any statutory rights.
   • Compliance with Legitimate Union Directives: Members may be required to abide by lawful directives, such as observing union-sanctioned pickets or adhering to internal dispute resolution mechanisms. The key limitation is that these directives must be legal, reasonable, and related to legitimate union interests (collective bargaining enforcement, representation of members, organizational stability).

3. Limitations on Mandatory Activities:
   Not all conditions or activities can be mandated. Both law and jurisprudence underscore several important limitations:

   • Legality: No mandatory union activity may contravene the Labor Code, other labor laws, or public policy. Unions cannot, for instance, compel members to engage in violent acts, illegal strikes, or activities that violate any provision of law.
   • Voluntariness and Free Exercise of Rights: The right to self-organization also includes the freedom to refrain from joining or participating in activities not required by a valid union security clause. If a person is not bound by a union security clause, they cannot be forced to join the union or participate in its activities. Moreover, even for union members, certain deeply personal rights—like freedom of belief—cannot be overridden by the union’s internal policies.
   • Non-Discrimination and Fair Representation: A union must exercise its functions without discrimination, regardless of a member’s race, sex, religion, political opinion, or other protected characteristics. Mandatory activities cannot be used as a tool for discrimination or exclusion. Additionally, the union owes all its members the duty of fair representation, meaning it cannot impose punitive or unreasonable activities on certain members as a condition of membership.

4. Regulatory Oversight and Remedies:
   The Department of Labor and Employment (DOLE), through the Bureau of Labor Relations (BLR), and the National Labor Relations Commission (NLRC), as well as the voluntary arbitration system, provide regulatory and remedial frameworks. If a union imposes mandatory activities that are:

   • Unreasonable;
   • Not authorized by union by-laws;
   • In conflict with the Labor Code or other laws; or
   • Constitute an unfair labor practice;

   an aggrieved party (member or would-be member) may file appropriate complaints before these agencies or seek judicial review in the courts. The Supreme Court of the Philippines has, in various decisions, reiterated that conditions of membership and mandatory activities must adhere to principles of justice, fair play, and compliance with statutory mandates.

Practical Considerations for Employers and Employees

• For Employers: While employers generally have limited say over the union’s internal rules, they must ensure that any union security clause or mandatory participation requirement is clearly defined in the CBA and does not violate employees’ statutory rights. Employers need to be cautious in enforcing union-related conditions and must rely on valid union demands rather than imposing their own.

• For Employees and Union Members: Individuals must understand their union’s constitution, by-laws, and the terms of the CBA. Knowing which activities are legitimately required—such as paying dues, attending certain assemblies when mandated, and abiding by collective decisions—is crucial. Employees who feel that mandatory activities exceed what is legally permissible may seek remedies through grievance machinery, voluntary arbitration, or administrative and judicial forums.

Conclusion

In Philippine labor law, “mandatory activity” as part of the rights and conditions of membership in a union is not a standalone statutory term, but rather a concept embedded within the broader framework of union security arrangements, internal union governance, and the lawful obligations imposed on members. Such obligations—ranging from the payment of dues to compliance with valid union decisions—must be consistent with the Labor Code, relevant jurisprudence, and the union’s own governing documents. Above all, any mandatory activity must serve legitimate union interests, remain within legal boundaries, respect fundamental worker rights, and uphold principles of fairness and nondiscrimination.