II. LABOR RELATIONS

Question 1

Who have the right to self-organize?

Answer 1

1. All persons employed in commercial, industrial, and agricultural enterprises and in religious, charitable, medical, or educational institutions, whether operating for profit or not
2. Ambulant, intermittent, and itinerant workers, elf employed people, rural workers, and those without any definite employers
3. Employees of GOCCs without original charters established under the Corporation Code
4. Civil service employees

ARTICLE 253. [243] Coverage and Employees’ Right to Self-Organization. — All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical, or educational institutions, whether operating for profit or not, shall have the right to self-organization and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining. Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection

ARTICLE 254. [244] Right of Employees in the Public Service. — Employees of government corporations established under the Corporation Code shall have the right to organize and to bargain collectively with their respective employers. All other employees in the civil service shall have the right to form associations for purposes not contrary to law.

Question 2

Who are exempted from the right to self-organize?

Answer 2

1. Managerial employees
2. Confidential employees IF confidentiality is related to labor relations (see jurisprudence)
3. Those disqualified by law
4. Cooperative Members (jurisprudence)
5. Religious sect members prohibited by their religion (jurisprudence)
6. International organizations (jurisprudene)

Question 3

Can the right to self-organization be impeded?

Answer 3

NO.

ARTICLE 257. [246] Non-Abridgment of Right to Self-Organization. — It shall be UNLAWFUL for any person to restrain, coerce, discriminate against or unduly interfere with employees and workers in their exercise of the right to self-organization. Such right shall include the right to form, join, or assist labor organizations for the purpose of collective bargaining through representatives of their own choosing and to engage in lawful concerted activities for the same purpose for their mutual aid and protection, subject to the provisions of Article 264 199 of this Code

Question 4

What offense results from the ff:

1. Restraining or coercing employees in the exercise of their right to self-organization, 2. Refusing to collectively bargain,
2. To ask for or accept negotiations or attorney’s fees from employers as part of the settlement of any issue in collective bargaining or any other dispute; or
3. To violate a CBA ?

Answer 4

Unfair Labor Practice

ARTICLE 260. [249] Unfair Labor Practices of Labor Organizations. 205 — It shall be unfair labor practice for a labor organization, its officers, agents or representatives:

(a) To restrain or coerce employees in the exercise of their right to self-organization. However, a labor organization shall have the right to prescribe its own rules with respect to the acquisition or retention of membership;
(b) To cause or attempt to cause an employer to discriminate against an employee, including discrimination against an employee with respect to whom membership in such organization has been denied or to terminate an employee on any ground other than the usual terms and conditions under which membership or continuation of membership is made available to other members;
(c) To violate the duty, or refuse to bargain collectively with the employer, provided it is the representative of the employees;
(d) To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other things of value, in the nature of an exaction, for services which are not performed or not to be performed, including the demand for fee for union negotiations; (e) To ask for or accept negotiation or attorney’s fees from employers as part of the settlement of any issue in collective bargaining or any other dispute; or
(f) To violate a collective bargaining agreement.

Question 5

For the purposes of labor organization membership, what is the reckoning point to be considered an employee?

Answer 5

ARTICLE 292(c) Any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered as an employee for purposes of membership in any labor union.

Question 6

Can supervisory employees form unions?

Answer 6

YES

Book V, Rule II, Sec. 2.
Section 2. Who may join labor unions and workers’ associations. — …Provided however, That supervisory employees shall not be eligible for membership in a labor union of the rank-and-file employees but may form, join or assist separate labor unions of their own.

Question 7

Can alien employees form unions?

Answer 7

Generally NO.
Aliens generally cannot participate in trade union activities in the PH, except for those with valid permits from DOLE (Alien Employment Permit) for purposes of collective bargaining, if they are nationals from a country who grants similar rights to Filipino workers

Book V, Rule II, Sec. 2.
Section 2. Who may join labor unions and workers’ associations. — …Alien employees with valid working permits issued by the Department may exercise the right to self-organization and join or assist labor unions for purposes of collective bargaining if they are nationals of a country which grants the same or similar rights to Filipino workers, as certified by the Department of Foreign Affairs, or which has ratified either ILO Convention No. 87 and ILO Convention No. 98

ARTICLE 284. [269] Prohibition against Aliens; Exceptions — All aliens, natural or juridical, as well as foreign organizations are strictly prohibited from engaging directly or indirectly in all forms of trade union activities without prejudice to normal contacts between Philippine labor unions and recognized international labor centers: Provided, however, That aliens working in the country with valid permits issued by the Department of Labor and Employment, may exercise the right to self-organization and join or assist labor organizations of their own choosing for purposes of collective bargaining: Provided, further, That said aliens are nationals of a country which grants the same or similar rights to Filipino workers.

Question 8

Can ambulant, intermittent, and other similar workers collectively bargain?

Answer 8

NO

Book V, Rule II, Sec. 2.
Section 2. Who may join labor unions and workers’ associations. — …All other workers, including ambulant, intermittent and other workers, the self-employed, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection and other legitimate purposes EXCEPT COLLECTIVE BARGAINING.

Question 9

Supervisory Employee as defined under the IRR

Answer 9

Book V, Rule I, Sec. 1 (xx) “Supervisory Employee” refers to an employee who, in the interest of the employer, effectively RECOMMENDS managerial actions and the exercise of such authority is not merely routinary or clerical but requires the use of INDEPENDENT JUDGMENT.

Question 10

Rank and File Employee as defined under the IRR

Answer 10

Book V, Rule I, Sec. 1 (nn) “Rank-and-File Employee” refers to an employee whose functions are neither managerial nor supervisory in nature.

Question 11

E.O. 180 (}PROVIDING GUIDELINES FOR THE EXERCISE OF THE RIGHT TO ORGANIZE OF GOVERNMENT EMPLOYEES, CREATING A PUBLIC SECTOR LABOR-MANAGEMENT COUNCIL, AND FOR OTHER PURPOSES”) does not apply to?

Answer 11

1. AFP members
2. Police officers and policement
3. Firemen
4. Jail guards

Sec. 4. The Executive Order shall not apply to the members of the Armed Forces of the Philippines, including police officers, policemen, firemen and jail guards.

Question 12

Right of Employees in the Public Service to organize

Answer 12

ARTICLE 254. [244] Right of Employees in the Public Service. — Employees of government corporations established under the Corporation Code shall have the right to organize and to bargain collectively with their respective employers. All other employees in the civil service shall have the right to form associations for purposes not contrary to law.

Question 13

Can managerial employees form labor organizations?

Answer 13

NO

ARTICLE 255. [245] Ineligibility of Managerial Employees to Join Any Labor Organization; Right of Supervisory Employees. — Managerial employees are not eligible to join, assist or form any labor organization…

Question 14

Managerial employees as defined in the IRR

Answer 14

Book V, Rule I, Sec. 1 (hh) “Managerial Employee” refers to an employee who is vested with powers or prerogatives to lay down and execute management policies or to hire, transfer, suspend, layoff, recall, discharge, assign or discipline employees.

Question 15

Can supervisory employees form labor organizations?

Answer 15

YES

ARTICLE 255. [245] Ineligibility of Managerial Employees to Join Any Labor Organization; Right of Supervisory Employees. — …Supervisory employees shall not be eligible for membership in the collective bargaining unit of the rank-and-file employees but may join, assist or form separate collective bargaining units and/or legitimate labor organizations of their own. The rank and file union and the supervisors’ union operating within the same establishment may join the same federation or national union.

Question 16

Supervisory employee as defined in the IRR

Answer 16

(xx) “Supervisory Employee” refers to an employee who, in the interest of the employer, effectively RECOMMENDS managerial actions and the exercise of such authority is not merely routinary or clerical but requires the use of INDEPENDENT JUDGMENT.

Question 17

Can international organizations assist local unions?

Answer 17

NO, unless permitted by the the Secretary of Labor.

RTICLE 285. [270] Regulations of Foreign Assistance. — (a) No foreign individual, organization or entity may give any donations, grants or other forms of assistance, in cash or in kind, directly or indirectly, to any labor organization, group of workers or any auxiliary thereof, such as cooperatives, credit unions and institutions engaged in research, education or communication, in relation to trade union activities, without prior permission by the Secretary of Labor…

Question 18

Requirements for aliens to join unions

Answer 18

1. Permit (AEP)

2. Reciprocity

Question 19

Is a confidential employee barred from exercising the right to self-organization?

Answer 19

Not in itself.

Not every position that management labels as “confidential” automatically becomes disqualified from union membership. The legal definition must be applied; otherwise, the employer can easily decimate or reduce the union membership. In unionization context, confidential employees are limited to those who

(1) assist or act in a confidential capacity,
(2) to persons who formulate, determine, and effectuate management policies in the field of labor relations.

The two criteria are cumulative, and both must be met if an employee is to be considered a confidential employee — that is, the confidential relationship must exist between the employee and his supervisor, and the supervisor must handle the prescribed responsibilities relating to labor relations.

Question 20

Can a cooperative member exercise the right to self-organization?

Answer 20

NO

An employee therefore of such a cooperative who is a member and co-owner thereof cannot invoke the right to collective bargaining for certainly an owner cannot bargain with himself or his coowners.
However, in so far as it involves cooperatives with employees who are not members or co-owners thereof, certainly such employees are entitled to exercise the rights of all workers to organization, collective bargaining, negotiations and others as are enshrined in the Constitution and existing laws of the country. (Cooperative Rural Bank of Davao City, Inc. v. Ferrer-Calleja, G.R. No. L-77951, 26 September 1988)

Question 21

Can an international organization exercise the right to self-organization?

Answer 21

NO.
A certification election cannot be conducted in an international organization which the Philippine Government has granted immunity from local jurisdiction. Examples of such international organizations are the International Rice Research Institute (IRRI) and the International Catholic Migration Commission (ICMC). The grant of such immunity is a political question whose resolution by the Executive Branch of Government is conclusive upon the Courts. (International Catholic, 190 SCRA 130 [1990].

Question 22

Can religious sects which prohibit affiliation of their members in labor organizations be compelled to join labor unions under a closed shop agreement?

Answer 22

NO

Section 4 (a) (4) of the Industrial Peace Act* the following proviso: “but such agreement shall not cover members of any religious sects which prohibit affiliation of their members in any such labor organization”…What the exception provides, therefore, is that members of said religious sects cannot be compelled or coerced to join labor unions even when said unions have closed shop agreements with the employers; that in spite of any closed shop agreement, members of said religious sects cannot be refused employment or dismissed from their jobs on the sole ground that they are not members of the collective bargaining union. (Victoriano vs. Elizalde Rope Workers’ Union, G.R. No. L-25246, September 12, 1974)

Question 23

Can probationary employees vote in a certification election?

Answer 23

YES.

In a certification election, all rank and file employees in the appropriate bargaining unit, whether probationary or permanent are entitled to vote.
The Code makes no distinction as to their employment status as basis for eligibility in supporting the petition for certification election. The law refers to “all” the employees in the bargaining unit. All they need to be eligible to support the petition is to belong to the “bargaining unit”.

Question 24

Define “Cooperative”

Answer 24

A cooperative is defined to mean “organizations composed primarily of small producers and of consumers who voluntarily join together to form business enterprises which they themselves own, control, and patronize.”

Principles of a Cooperative:

a. ) Open Membership
b. ) Democratic Control
c. ) Limited Interests to Capital
d. ) Patronage Refund

[Cooperative Rural Bank of Davao City, Inc. v. Ferrer-Calleja - September 26, 1988]

Question 25

Is membership in a labor organization required to participate/vote in a certification election?

Answer 25

NO.

All bona fide employees in a bargaining unit may vote in certification election. Labor organization membership is not required to participate. [Reyes v Trajano, G.R. No. 84433 June 2, 1992]

Question 26

Can an employer challenge the validity of a certification election on the grounds of fraud and misrepresentation?

Answer 26

NO. Such is the responsibility of the BLR.

Court has ruled that an employees’ withdrawal from a labor union made before the filing of the petition for certification election is presumed voluntary, while withdrawal after the filing of such petition is considered to be involuntary and does not affect the same.

The registration or the recognition of a labor union after it has submitted the corresponding papers is not ministerial on the part of the BLR. After a labor organization has filed the necessary registration documents, it becomes MANDATORY FOR THE BLR to check if the requirements under Art. 234 of the LC have been sedulously complied with.

If the union’s application is infected by falsification and like serious irregularities, especially those appearing on the face of the application and its attachments, a union should be denied recognition as a legitimate labor organization.

A certification election is exclusively the concern of employees and the employer lacks the legal personality to challenge it. In fact, jurisprudence frowns on the employer’s interference in a certification election for such interference unduly creates the impression that it intends to establish a company union. [S.S. Ventures Int’l. v. S.S. Ventures Labor Union - July 23, 2008]

Question 27

Can security personnel join a rank-and-file union?

Answer 27

YES

While under the old rules, security guards were barred from joining a labor organization of the rank-and-file, under RA 6715, they may now freely join a labor organization of the rank-and-file or that of the supervisory union, depending on their rank. [Manila Electric Co. v. Secretary of Labor - May 20, 1991]

Question 28

Can a rank and file union and a supervisory union join the same national federation?

Answer 28

YES

The affiliation of two local unions in a company with the same national federation is not by itself a negation of their independence since in relation to the employer, the local unions are considered as the principals, while the federation is deemed to be merely their agent. [DLSU Medical Center and College of Medicine v. Laguesma - August 12, 1998]

Question 29

Provision on reasonable requirement of initiation fees

Answer 29

Art. 250 (a) No arbitrary or excessive initiation fees shall be required of the members of a legitimate
labor organization nor shall arbitrary, excessive or oppressive fine and forfeiture be
imposed;

Question 30

Provision against admission of subversives

Answer 30

Art. 250 (e) No labor organization shall knowingly admit as members or continue in membership any
individual who belongs to a subversive organization or who is engaged directly or indirectly
in any subversive activity;

Question 31

How should union officers be elected?

Answer 31

Art. 250 (c) The members shall directly elect their officers in the local union, as well as their national officers in the national union or federation to which they or their local union is affiliated, by secret ballot at intervals of five (5) years. No qualification requirement for candidacy to any position shall be imposed other than membership in good standing in subject labor organization. The secretary or any other responsible union officer shall furnish the Secretary of Labor and Employment with a list of the newly-elected officers, together with the appointive officers or agents who are entrusted with the handling of funds within thirty (30) calendar days after the election of officers or from the occurrence of any change in the list of officers of the labor organization;

Question 32

Which members are inelegible for election to office or appointment in a labor organization?

Answer 32

Art. 250 (f) No person who has been convicted of a crime involving moral turpitude shall be eligible for election as a union officer or for appointment to any position in the union;

Question 33

What is the compensation due to officers of labor organizations?

Answer 33

Art. 250 (k) The officers of any labor organization shall not be paid any compensation other than the salaries and expenses due to their positions as specifically provided for in its constitution and by-laws, or in a written resolution duly authorized by a majority of all the members at a general membership meeting duly called for the purpose. The minutes of the meeting and the list of participants and ballots cast shall be subject to inspection by the Secretary of Labor or his duly authorized representatives. Any irregularities in the approval of the resolutions shall be a ground for impeachment or expulsion from the organization;

Question 34

How are major policy matters to be decided in a labor organization?

Answer 34

Art. 250

GR: (d) The members shall determine by secret ballot, after due deliberation, any question of major policy affecting the entire membership of the organization,

EXC: unless the nature of the organization or force majeure renders such secret ballot impractical, in which case, the board of directors of the organization may make the decision in behalf of the general membership;

Question 35

Application of funds of a labor organization

Answer 35

Art. 250 (i)

1. The funds of the organization shall not be applied for any purpose or object other than those expressly provided by its constitution and by-laws or
2. those expressly authorized by written resolution adopted by the majority of the members at a general meeting duly called for the purpose;

Question 36

Prescription of actions involving the funds of an organization, application and effect of non-compliance with requirements

Answer 36

Art. 250 (j)
Any action involving the funds of the organization shall prescribe after three (3) years from the date of submission of the annual financial report to the Department of Labor and Employment or from the date the same should have been submitted as required by law, whichever comes earlier: Provided, That this provision shall apply only to a legitimate labor organization which has submitted the financial report requirements under this Code: Provided, further, That failure of any labor organization to comply with the periodic financial reports required by law and such rules and regulations promulgated thereunder six (6) months after the effectivity of this Act shall automatically result in the cancellation of union registration of such labor organization;

Question 37

Rendering of accounts

Answer 37

The rendering of such account shall be made:

(1) At least once a year within thirty (30) days after the close of its fiscal year;
(2) At such other times as may be required by a resolution of the majority of the members of the organization; and
(3) Upon vacating his office. The account shall be duly audited and verified by affidavit and a copy thereof shall be furnished the Secretary of Labor.

Question 38

Who may view the financial records of an organization?

Answer 38

Art. 250 (m) The books of accounts and other records of the financial activities of any labor organization shall be open to inspection by any officer or member thereof during office

Question 39

Provision against special assessment fees, general rule and exception

Answer 39

Art. 250
GR: (n) No special assessment or other extraordinary fees may be levied upon the members of a labor organization
EXC: unless authorized by a written resolution of a majority of all the members in a general membership meeting duly called for the purpose.

The secretary of the organization shall record the minutes of the meeting including the list of all members present, the votes cast, the purpose of the special assessment or fees and the recipient of such assessment or fees. The record shall be attested to by the president.

Question 40

Provision against special assessment fees through check-off, exception

Answer 40

Art. 250
GR: (o) …no special assessments, attorney’s fees, negotiation fees or any other extraordinary fees may be checked off from any amount due to an employee without an individual written authorization duly signed by the employee. The authorization should specifically state the amount, purpose and beneficiary of the deduction; and

EXC: Other than for mandatory activities under the Code,

Question 41

Duty of labor organization officers to inform its members

Answer 41

(p) It shall be the duty of any labor organization and its officers to inform its members on the provisions of its constitution and by-laws, collective bargaining agreement, the prevailing labor relations system and all their rights and obligations under existing labor laws.

Question 42

Effect of violation of Rights and Conditions of Membership

Answer 42

Art. 250 Any violation of the above rights and conditions of membership shall be a ground for cancellation of
union registration or expulsion of officers from office, whichever is appropriate.

Question 43

Who may report violations of Rights and Conditions of Membership and to whom?

Answer 43

Art. 250 At least thirty percent (30%)
of the members of a union or any member or members specially concerned may report such violation to the
Bureau. The Bureau shall have the power to hear and decide any reported violation to mete the appropriate
penalty.
Criminal and civil liabilities arising from violations of above rights and conditions of membership shall
continue to be under the jurisdiction of ordinary courts.

Question 44

Who may collect or disburse union fees?

Answer 44

Art. 250
(g) No officer, agent or member of a labor organization shall collect any fees, dues, or other contributions in its behalf or make any disbursement of its money or funds unless he is duly authorized pursuant to its constitution and by-laws;

Question 45

When may non-lawyers appear before the LA?

Answer 45

ARTICLE 228. [222] Appearances and Fees. — (a) Non-lawyers may appear before the Commission or any Labor Arbiter only:

1. If they represent themselves; or
2. If they represent their organization or members thereof.

Question 46

How are atty.’s fees, negotiation fees, etc. paid by the union?

Answer 46

Art. 228 (b) No attorney’s fees, negotiation fees or similar charges of any kind arising from any collective bargaining agreement shall be imposed on any individual member of the contracting union: Provided, However, that attorney’s fees may be charged against union funds in an amount to be agreed upon by the parties. Any contract, agreement or arrangement of any sort to the contrary shall be null and void.

Question 47

Penalty for failure to comply with reportorial requirements

Answer 47

Art. 252 Failure to comply with the above requirements shall NOT be a ground for cancellation of union registration but shall subject the erring officers or members to suspension, expulsion from membership, or any appropriate penalty.

Question 48

Visitorial Power of the SOLE

Answer 48

ARTICLE 289. [274] Visitorial Power. 224 — The Secretary of Labor and Employment or his duly authorized representative is hereby empowered to inquire into financial activities of legitimate labor organizations upon the filing of a complaint under oath and duly supported by the written consent of at least twenty percent (20%) of the total membership of the labor organization concerned and to examine their books of accounts and other records to determine compliance or non-compliance with the law and to prosecute any violations of the law and the union constitution and by-laws: Provided, That such inquiry or examination shall not be conducted during the sixty (60) days freedom period nor within the thirty (30) days immediately preceding the date of election of union officials.

Question 49

Penalties for violation of the LC, exceptions

Answer 49

GR: ARTICLE 303. [288] Penalties. 231 — any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00), or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court. In addition to such penalty, any alien found guilty shall be summarily deported upon completion of service of sentence.

Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code shall be under the concurrent jurisdiction of the Municipal or City Courts and the Courts of First Instance.

EXC: Except as otherwise provided in this Code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement,

ARTICLE 304. [289] Who are Liable When Committed by Other Than Natural Person. — If the offense is committed by a corporation, trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, association or entity.

Question 50

Can the LA remove union officers as a disciplinary action?

Answer 50

YES.

Art. 242 of the Labor Code states that any violation of the rights and conditions of union membership, as enumerated in paragraphs (a) to (p) of Art. 242 “shall be a ground for cancellation of union registration or expulsion of officer from office, whichever is appropriate. After hearing and even without submitting the matter to the union members, erring union officials may be removed by the Director of Labor Relations, as clearly provided in Art. 242. [Duyag v. Inciong]

Question 51

May union officers effect an unauthorized financial settlement?

Answer 51

NO.

The relationship between the union and its members is fiduciary in nature and arises out of two factors: “one is the degree of dependence of the individual employee on the union organization the other, a corollary of the first, is the comprehensive power vested in the union with respect to the individual.” The union may be considered but the agent of its members for the purpose of securing for them fair and just wages and good working conditions and is subject to the obligation of giving the members as its principals all information relevant to union and labor matters entrusted to it. [Heirs of Teodoro Cruz v. CIR]

Question 52

Voting in union election vs. voting in a certification election

Answer 52

A union election should be distinguished from a certification election, which is the process of determining, through secret ballot, the sole and exclusive bargaining agent of the employees in the appropriate bargaining unit, for purposes of collective bargaining. Specifically, the purpose of a certification election is to ascertain whether or not a majority of the employees wish to be represented by a labor organization and, in the affirmative case, by which particular labor organization.

In a certification election, all employees belonging to the appropriate bargaining unit can vote. Therefore, a union member who likewise belongs to the appropriate bargaining unit is entitled to vote in said election. However, the reverse is not always true; an employee belonging to the appropriate bargaining unit but who is not a member of the union cannot vote in the union election, unless otherwise authorized by the constitution and bylaws of the union. Verily, union affairs and elections cannot be decided in a non-union activity. [USTFU v. Bitonio]

Question 53

Can the court disqualify candidates for union election who were re-elected despite history of past violations prior to their term?

Answer 53

NO
The Court should never remove a public officer for acts done prior to his present term of office. To do otherwise would be to deprive the people of their right to elect their officers. When the people have elected a man to office, it must be assumed that they did this with knowledge of his life and character, and that they disregarded or forgave his faults or misconduct, if he had been guilty of any. It is not for the court, by reason of such faults or misconduct to practically overrule the will of the people

[Kapisanan ng Manggagawang Pinagyakap v. Trajano - January 21, 1985]

Question 54

Must union members’ names be submitted to the BLR before they can vote in union elections?

Answer 54

NO

Submission of the employees’ names with the BLR as qualified members of the union is not a condition sine qua non to enable said members to vote in the election of union’s officers.
Under Article 242(c) of the Labor Code, as amended, only members of the union can participate in the election of union officers. [Tanjinco v. Ferrer-Calleja]

Question 55

May a union collect agency fees from non-union members?

Answer 55

YES

The collection of agency fees in an amount equivalent to union dues and fees, from employees who are not union members, is recognized by Article 248 (e) of the Labor Code.
Employees of an appropriate collective bargaining unit who are not members of the recognized collective bargaining agent may be assessed reasonable fees equivalent to the dues and other fees paid by the recognized collective bargaining agent, if such non-union members accept the benefits under the collective bargaining agreement. Provided, That the individual authorization required under Article 241, paragraph (o) of this

Question 56

Who may file a complaint?

Answer 56

GR: Any union member may file with the Regional Director a complaint for any violation of the constitution and by-laws
EXC: If the issue involves the entire membership of the union, at least 30% of the union membership should file

Question 57

Punishment for violations of Art. 250 (Rights and Conditions of Membership)

Answer 57

1. Cancellation of union registration OR

2. Expulsion of an officer

Question 58

General rule and exception when it comes to attorney’s fees

Answer 58

GR: May not be deducted or checked off from any amount due to an employee WITHOUT his written consent
EXC: Except for mandatory activities under the Code

Question 59

Requisites for special assessment fees and effect of failure to comply

Answer 59

Requisites for collection of “special assessment” fees:

1. A written resolution of a majority of all members at a general membership meeting duly called for a purpose
2. Individual written authorization duly signed by every employee
3. Record of the minutes of the meeting

Effect of failure to comply with requisites: invalidation of special assessment