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company during the life of the CBA; (b) are deemed part of the collective
bargaining unit; and (c) whose number will affect the number of members of the
collective bargaining unit will be compelled to join the union. Such compulsion
has legal effect, precisely because the employer by voluntarily entering in to a
union shop clause in a CBA with the certified bargaining agent takes on the
responsibility of dismissing the new regular employee who does not join the
union.
3. Exclusive Bargaining Agreement
The union which negotiated and conducted the CBA with management is
considered and recognized as the sole and exclusive bargaining agent of all the
covered employees in the bargaining unit, whether they be members or not of
the said agent.
Restriction on who can represent what where and to whom. Typically
describes who is the sole representative of a union or an association for
collective bargaining.
4. Agency Shop Agreement
Under this scheme, there is no requirement for non-members of the
bargaining agent to become its members. However, it is required that such nonunion members should pay to the bargaining agent an agency fee as a condition
for their continued employment. The third sentence of Article 248 e of the LC
validates this agreement.
The agreement permitting an employee to join or not to join a labour
union. There is a pre-requisite of employment that he needs to pay the union
initiation fee and the regular dues.
An arrangement whereby non-members of the contracting union must be
assessed to pay the union a sum equal to union dues known as agency fees for
the benefits they received as a consequence of the bargaining negotiations
effected through the efforts of the union.