B. Rights and Conditions of Membership - Coggle Diagram
B. Rights and Conditions of Membership
1. Admission and Discipline of Members (Art. 3, 250, 292)
2. Election of officers (LC 250 c,f,k & Book V, Rule XII
- No person convicted of a crime involving moral turpitude allowed as union officer/appointee.
- No qualification, other than membership in good standing in the subject labor organization. (250c)
2b. Manner of Elections (Arts. 250 (c) (f) (k); Book V, Rule XII )
: - By secret ballot, after due deliberation.
- Renders secret ballot impractical. Here, board of directors of the organization may make the decision.
. Nature of the Organization
. Force Majeure
- (5) year term for union officers.
- ONLY salaries and expenses due to their positions as provided in their constitution/by-laws/written resolution duly authorized by a majority of all the members at a general membership meeting duly called for the purpose.
WHO MAY VOTE
- Only union members.
PROCEDURE: Rule XII, Sec. 1)
- Agreement of the members or, provisions int he constitution and by-laws of the labor union.
- within (60) days before the expiration of the term of the incumbent officers, the President of the organization shall constitute a committee on election composed of (3) members who are not running for any position within the labor organization. If there are identifiable parties in the organization, each party shall have equal representation in the committee
- Upon constitution, the committee members shall elect the chairman amongst themselves. In case of disagreement, President selects the chairman.
- Within (10) days from its constitution, the committee shall, among others exercise the following powers:
COMMITTEE ON ELECTIONS POWERS (Book V, Rule XII)
- the date, time and venue of the election
- the rules on the qualification and eligibility of candidates and voters
- and post the voters' list and the list of qualified candidates
- the authorized representatives
of the contending parties
- the actual conduct of the election and canvass the votes to ensure the sanctity of the ballot
- minutes of the proceedings
- of all election protests
- the winners
- prescribe such other rules as may facilitate the orderly conduct of election.
PAST CRIMES/MORAL CHARACTER - (Manalad v. Trajano)
- Where 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. (Sir says this is rarely used, Manalad should be known instead for the lack of substantial evidence for violation.)
3. Major Policy Matter (250(d))
4. Union Funds (Arts. 250 (a) (b) (c) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p), 228 (b), 289
5. Payment of Attorney's Fees ( Art. 228, 250 (g) (h) (m) (n)
- 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. [Art. 222]
6. Requisites of Check-off (Art. 250 (n) (o) in relation to Art. 228 (b)
6a. Payment of Special Assessment (250n)
- Refers to dues other than union dues.
- No special assessment or other extraordinary fees may be levied upon the members of a labor organization
- Following requirements must be observed for the validity of a special assessment fees:
- By a written resolution of the majority of all the members at the general membership meeting called for the purpose
- Secretary’s record of the minutes of the meeting, attested to by the President.
- Written authorization for check off duly signed by the employees concerned.
7. Mandatory Activity (Art. 250 (o), 228 (b)
8. Union Information(250p)
- Duty of labor organization and its officers to inform members on the provision of its constitution and by-laws, CBA, and the prevailing labor relations system + rights and obligations under labor laws.
9. Enforcement and Remedies (Arts. 250 last par., 252, 289, 303, 304)
1 more item...
- A process or device whereby the employer, on agreement with the Union, recognized as the proper bargaining representative, or on prior authorization from the employees, deducts union dues or agency fees from the latter’s wages and remits them directly to the Union. Its desirability in a labor organization is quite evident.
- Once approved, individual written authorization is no longer required.
Agency Fees (Del Pilar v. Del Pilar Union)
- The collection of agency fees in an amount equivalent to union dues and fees, from non-union employees, is recognized by Art 259(e).
Art 259. It shall be unlawful for an employer to commit
any of the following unfair labor practice:
(e) Employees of an appropriate bargaining unit who
are not members of the recognized collective
bargaining agent may be assessed a reasonable fee
equivalent to the dues and other fees paid by
members of the recognized collective bargaining
agent, if such non-union members accept the benefit
under the collective bargaining agreement: Provided,
That the individual authorization required under
Article 242, paragraph (o) of this Code shall not apply
to the non-members of the recognized collective
- This refers to check-off
NO ARBITRARY FINE/FEES 250a
- 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.
- The officer, agent or member of the labor organization collecting fees/dues/contributions must be duly authorized pursuant to its constitution and by-laws
- Every payment of fees, dues or other contributions by a member shall be evidenced by a receipt, signed by the officer or agent who made the collection.
The person to whom the payment is made
Date of payment
Place of payment
Purpose of payment
- 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 those expressly authorized by written resolution adopted by the majority of the members at a general meeting duly called for the purpose.
Collection of Funds
- Sourced from union dues, paid by the employees.
: - By secret ballot, after due deliberation.
- Any of the following circumstances renders a secret ballot impractical. Here, board of directors of the organization may make the decision.
Nature of the Organization
Membership Fee (250a)
- 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;
Finance Information (250b)
- shall be entitled to full and detailed reports from their officers and representatives of all financial transactions as provided for in the constitution and by-laws of the organization;
Crimes (250e& f)
No members who are members of a subversive organization/activities (repealed.)
When Deemed Employed (292)
- 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.
- Bureau of Labor Relations
- Director of
- 1977, 2007-2009 - Time periods for which the LC were amended.
STRUCTURE (UST Faculty v. Bitonio)
- Generally, looks like this.
Constitution and By Laws (CBL)
- Law among the members of the labor organization. Determines the validity of the actions of the union members.
Role of the Union
Represents the CBU in CBA with the employer.
Implements the CBA.
Formulates and implements programs for the benefit of the members.
Engages in advocacy inside and outside area of work.
- Holds the most power in the Union.
Board of Directors
- Elected by the General Assembly.
- Carries out orders of the Board of Directors.