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Chapter 2: Rights and Conditions of Memberships When 30% not required?

When the violation directly affects only 1 or 2


ART. 250 RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR members, then only 1 or 2 members would be enough to report such
ORGANIZATION violation (Verceles vs. BLR-DOLE)

UNION MEMBERSHIP – Any employee shall beginning on his first day of


GENERAL GROUPINGS OF THE RIGHTS of the Union Members (D.I.M.P): service, be considered an employee for purposes of union membership.
1. Deliberative and Decision- Making Right – the right to participate in NOTE: The rel. of the union and the members is governed by their mutual
deliberations on major policy questions and decide by secret ballot. agreement, the T and C of which are set forth in the union consti and by-laws
and binding on the members as well as the organization itself (Ang Malayang
2. Right to Information – the right to be informed about:
Manggagawa ng ang Tibay Enterp v. Ang Tibay)
a) The org’s constitution and by-laws;
WHO ARE PROHIBITED FROM BECOMING MEMBERS/OFFICERS OF A LABOR
b) CBA; and labor laws
ORG: (see Art. 253)
3. Rights over Money Matters – the right of the members:
1. Non-employees (Art.250 (c))
a) Against imposition of excessive fees; 2. Subversive or those engaged in subversive activities (Art. 250 (e)), and
b) Against unauthorized collection of contributions or unauthorized 3. Persons who have been convicted of a crime involving moral turpitude1
disbursements; (Art. 250 (f))
c) Adequate record of income and expense;
d) Access financial records; Note: In general, a union is free to select its own members, and no person
has an absolute right to membership in a union.
e) Vote on officers’ compensation;
f) Vote on special assessment, and
WHO ARE ENTITLED TO VOTE – only members of the union
g) To be deducted a special assessment only with the member’s written Basis of eligibility to vote:
authorization 1. May be determined through the use of applicable payroll period and the
4. Political right – the right to vote and be voted for subject to lawful status of the employees during the applicable period. (Tancino v. Ferrer-
Calleja)
provisions on qualifications (Q) and disqualification (DQ).
2. May condition on the payment of dues subject to 2 qualifications:
EFFECT FOR VIOLATIONS OF RIGHTS AND CONDI OF MEMBERSHIP: it shall a) Must be applied uniformity; and
be a ground for – (1) CANCELLATION of union registration or (2) EXPULSION b) Must be afforded a reasonable opportunity to pay dues (grace
of an officer from office, whichever is appropriate. period)

WHO MAY REPORT TO THE BUREAU? LIMITATIONS


1. Labor org cannot compel employees to become members if they are
 At least 30% of all the members of the union OR already member of a rival union.
 Any members specifically concerned 2. The persons mentioned in Art 250 (e) are prohibited from becoming a
member of a labor org

1An act or behavior that gravely violates the sentiment or accepted standard of the
community
3. The members of a religious org which forbids membership in labor org Being an intra-union conflict BLR and RD of DOLE has concurrent
could not be compelled into union membership (Victoriano v. Elizalde Rope jurisdiction.
Worker’s Union)
REQUISTES FOR SPECIAL ASSESSMENT
LEVY OF SPECIAL ASSESSMENTS OR EXTRAORDINARY FEES 1. Authorization by a written resolution of the majority of all members at
Requirements: (R.A.G.S) the general membership meeting duly called for the purpose;
1. there must be a written RESOLUTION 2. Secretary’s record of the MOM; and
2. the resolution must have been APPROVED by a majority of all members 3. Individual written authorization for check-off duly signed by the
3. the approval must be at a GENERAL MEMBERSHIP MEETING DULY CALLED employee concerned.
FOR that purpose; and
4. the SEC. OF THE ORG shall record the MOM, which shall be attested to by Special Assessment vs. Check Off
the President. The minutes include:
a) List od all members present; Special Assessment Check-Off
b) Votes cast, and How Approved By written resolution (Union Dues)
c) Purpose of the assessment or feed (Art. 250 (n) approved by majority of By obtaining the
all the members at a individual written
Note: SUBSTANTIAL COMPLIANCE IS NOT ENOUGH meeting duly called for authorization duly signed
that purpose by the employee which
CHECK-OFF – is a method of deduction from employees pay at prescribed must specify the amount,
period the amount due to the union fees, fines or assessments purpose, and beneficiary.
Exception to No exception (Agency Fees)
Requirements: such Not necessary:
requirement 1. For mandatory activities
GR: No special assessment, attorney’s fees, registration fees or any other provided under the Code;
extraordinary fees may be checked off from any amount due an employee and
WITHOUT AUTHORIZATION DULY SIGNED BY THE EMPLOYEE (Art. 249 (o)) 2. When non- members of
Authorization should specifically state the: the union avail of the
1. Amount and benefits of the CBA. They
2. Purpose and the beneficiary of the deduction may be assessed of
agency fees.
EXPN: (when written authorization is not required)
1. For mandatory activities provided under the code; and
2. When non- members of the union avail of the benefits of the CBA;
a) Said non-members may be assessed union dues equivalent to
that paid by members and
b) Only by a board resolution approved by majority of the
members in a general meeting called for the purpose.
3. Check-off union service fees authorized by law

Jurisdiction Over Check-Off Disputes


Chapter 3: Rights of Legitimate Labor Organizations Extent of the R. to Self-Org
ART. 251 RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS
1. To form, join, and assist (F/J/A) labor organization for the purpose of
collective bargaining through representatives of their own choosing; and
Rights of a Legitimate Labor Organization: (USER-FOE):
2. To engage in lawful concerted activities for the same purpose or their
1. Undertake activities for the benefit of the organization and its mutual aid and protection (Art. 257, LC)
members;
2. Sue and be sued; Right to Organize CANNOT BE BARGAINED AWAY – cannot be curtailed by
3. Exclusive representative of all employees; a CBA (Southern Phil. V. Ferrer-Calleja)
4. Represent union members;
5. Furnished by employers of audited financial statements; Right to Join starts from the First Day of Employment (Art. 292(e))
6. Own properties; and
7. Exemption from taxes.
Persons/Employees eligible to join a LO for purposes of collective
ART. 252. REPORTORIAL REQUIREMENTS bargaining (CIA – RCME- GOCC)

To be submitted by the legit LO (COMA) 1. All persons employed in Commercial, Industrial, and Agricultural (CIA)
1. Constitution and by-law, or amendments thereto, minutes of ratification, enterprises
and the list of members who took part in the ratification and the list of
members who took part in the ratification of the consti and by-laws within 2. In Religious, Charitable, Medical, Educational (RCME) insti whether
30 days from the adoption or ratification of the consti/BL/amendments operating for profit or not; and
thereto;
3. Employees of GOCCs without original charters.
2. List of officers, minutes of the election of officers and list of voters within
20 days from election;
Persons/Employees Eligible to Join a LO for Mutual Aid and Protection
3. List of Members at least once a year of whenever required by the Bureau;
(AIR-SIW)
and
1. Ambulant (Walking or Mobile Workers);
4. Annual financial report within 30 days after the cclose of every fiscal year.
2. Intermittent (irreg workers)
3. Rural
Note: Non-compliance – not a ground for cancellation of union registration
4. Self-employed people;
- But a shall subject erring officers or members to suspension,
5. Itinerant workers (working for a short time in various places)
expulsion from membership or any appropriate penalty (RA 9481,
6. Workers w/o any definite employers
Sec. 7)

TITLE FIVE: COVERAGE


Persons/Employees who are not granted the Right to Self- Org (I-AM-
ART. 253. COVERAGE AND EMPLOYEES’ RIGHT TO SELF-
CHANGES)
ORGANIZATION
1. Employees of International organizations with immunities (UN, IRRI etc)2 ART. 254. RIGHT TO EMPLOYEES IN THE PUBLIC SERVICE
2. Members of the Armed Forces of the Phil. (+ policemen, firemen, jail
guards)3
3. Managerial Employees GOCC with orig charter GOCC w/o orig charter
- Whose functions are normally considered as policy-making or - Cannot stage strikes since they - Created under the Corp Code
managerial are governed by CS Law. - Emp. are covered by LC
- Whose duties are of a highly confidential or highly technical in - Enjoined by CS Memo Circular - Emp have the same rights as
nature No. 6, private emp, one of w/c is the
4. Confidential employees4 right to strike.
5. High- level or managerial government employees5 As to bargaining rights
6. Aliens w/o valid working permits; or Aliens w/ valid working permits but - Cannot bargain with the gov. - Can bargain with the gov
are barred by reciprocity rule. concerning the conditions of concerning T and C of
7. Non- employees6 their employment employment
8. Government employees (+ GOCCs with original charter) - However, they can negotiate - Unlimited bargaining rights.
9. Employees of cooperative who are at the same time its members7 (thru nego agreements/ MOA)
10. Subversives or those engaged in subversives activities with the gov’t on those T and C
of employment W/C ARE NOT
FIXED BY LAW.
Eligibility of Foreigners to Form Labor Org (Principle of Reciprocity) - Limited bargaining rights
- Aliens with working permits may join/assist Labor Org for purposes As to purpose of org
of collective bargaining; provided, THAT SAID ALIENS ARE - Can only form/join/assist LO for -
NATIONALS OF A COUNTRY WHO GRANTS THE SAME OR SIMILAR purposes not contrary to law.
RIGHTS TO FIL WORKERS (Art. 284, LC)

Religious Objectors

- Prohibition on INC Members to join LO DOES NOT BAR them to from


forming their own union.
- The recognition of the tenets of that sect should not infringe on the
basic right to self-organization granted by the Consti to workers
regardless of religious affiliation8

2 6
International Catholic Migration Commission vs. Calleja Rosario Bros. Inc. v. Ople
3 7
EO 180, Sec.4 Arizala v. CA
4 8
Metrolab vs. Roldan-Confessor Kapatiran sa Meal and Canning Div. vs. Ferrer-Calleja)
5
EO 180, Sec.4