Chapter 5 Flashcards
LLO RIGHTS
a) To act as the representative of its members for the purpose of collective bargaining; (Right of representation)
b) To be certified as the exclusive representative of all the employees in an appropriate bargaining unit for purposes of collective bargaining; (Right to be Certified)
c) To be furnished by the employer with annual audited financial statements, including the balance sheet and the profit and loss statement (Right to Information)
d) To own property, real or personal; (Property Rights)
e) To sue and be sued in its registered name (Property Rights)
f) To undertake all other activities designed to benefit the organization and its members (Property Rights)
g) To collect reasonable membership fees, union dues, assessments, fines, and other contributions. (Art. 292(a), LC) (Right to Collect Union Dues)
The rights of union members
(Pol, M, I, D)
The rights of union members: Political Right
The member’s right to vote and be voted for , subject to lawful provisions on qualification and disqualifications.
The rights of union members: Right over Money Matters
The member’s right:
- Against excessive fees
- Against unauthorized collection of contributions and disbursements
- To require adequate records of income and expenses
- Access to financial records
- Vote on officer’s compensation
- Vote on special assessment and be deducted on special assessment only with member’s written authorization
The rights of union members : Right to Information
Member’s right to informed about
- Organization’s CBL
- CBA
- Labor laws
The rights of union members: Deliberative and Decision making right
The right to participate in deliberation on major policy questions and decide them by secret ballot
Q: When, how, and under what considerations does an employee become a union member?
A: It depends on union CBLs.
The Labor Code gives the labor organization the right to prescribe its own rules for acquisition and retention of the membership.
Nonetheless, an employee is already qualified for union membership starting the first day of his/her service.
Expulsion of Union Member
The union member may only be expelled for a valid cause, and by following the procedure outlined in the CBLs. A member is entitled to due process. Expulsion of a member for arbitrary or impetuous reasons considered as ULP by the union.
Election of Union Officers:
Q: What positions should be filled up, when, and how should the election be done?
**A: **It depends on the union’s CBLs or members’ agreement.
In the absence thereof, the Implementing Rules of Book V shall apply.
Officers are elected through secret balloting
Eligibility of Voters
Only union members can partake in the election of union officers. The election takes place at intervals of 5 years, the term of the office of union officers.
Election under the Implementing Rules
The incumbent should create the election within 60 days before the expiration of the term of incumbent officer. If not, the remedy is 30% of the union members should file a petition to DOLE Regional Office.
Union Officer must be an Employee
No person shall not be an employee of the company where the union operates can be elected or appointed as officer. Only the employee can be the officer.
Disqualifications of Union officers
- Those convicted of crime involving moral turpitude.
- Those belong in subversive organization
- Those engage directly or indirectly in a subversive activity
Frustration over Incumbent Officer does not justify disregard the union’s CBL
Frustration over the performance of incumbent officer, as well as fears of a fraudulent election to held under the supervision of incumbent officers, could not justify the imposition of their own will in the union. The organization have the right to draw up their constitution and rules in full freedom and free from public authorities’ interference. The union members shall respect the constitution and rules they draw up equally so. The CBL is the fundamental law that governs the relationship between and among the union members.
Due Process in Impeachment of Union Officers
Despite the difficulties in complying with the procedures laid down in the CBLs, the impeachment procedure contained therein must substantially complied with.
Q: Can a labor organization prescribe rules and regulations with respect to voting?
A: YES, it may require a reasonable period of prior membership (such as 6 months or a year). It may also require the exercise of the right to vote on the payment of dues as it is a basic obligation of membership.
However, these are subject to 2 qualifications:
1. Applied uniformly
2. Members must be afforded a reasonable opportunity to pay the dues, including a grace period where dues can be paid without any loss of rights. It also noted that it cannot crea a special classes of non-voting members.
Obtaining Relief with the Union
GR: First, redress must sought within the union itself with accordance with the CBLs. When the intra-union remedy fails, a case can be filed with the Bureau of Labor Relations
XPN: When the exhaustion of the remedies with the union practically amount to a denial of justice, then it cannot insist as a condition to right to invoke the aid of the court.
30% Requirement
GR: At least 30% of the union members are required to report a violation of labor organization procedures.
XPN: When such violation affects only one or two members, then only one or two members are enough to report such violation.
Visitorial power of SOLE to inquire into the financial activities of labor organization
SOLE is authorized and required into the financial activities of any labor organization to determine the compliance or non-compliance with the laws and to aid the prosecution of any violation thereof.
IT IS INITIATED ON THE BASIS OF:
1. Complaint under oath
2. Supported by 20% of membership
