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I.
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Another restriction in the application of a union security clause is that the sanction involved
therein must be explicitly stated, and cannot be implied. If the clause does not expressly
give the right to dismiss the worker upon its violation, the employer cannot do so, as the
right to dismiss must be clear, categorical and express. Manila Cordage Co. vs. dR. 78 SCRA
398) In a more recent case, however, the dismissal of union members for violating a union
security clause requiring membership in good standing as a condition of their continued
employment was held to be valid and privileged, and did not constitute an unfair labor
practice. (Tanduay Distillery Labor Union vs. Thnduay Distillery, Inc. & NLRC, supra)
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