Chapter 6 Flashcards
(90 cards)
Dues and assessments which the union may collect
LLO are authorized to collect a reason amount of the ff:
- Membership fees
- Union dues
- Assessments
- Fines
- Contribution for: labor education, research mutual death, hospitalization benefits, welfare fund, strike fund, and credit and cooperative undertakings
- Agency fees
**Check Off*
Method of deducting from employee’s pay at prescribed periods, any amount due for assessments, fines, and fee
Requirements for Valid Check off
- Authorization by a written resolution of the majority of all the members at the general meeting duly called for the purpose
- Secretary’s record of the minutes of said meeting
- Individual written authorizations for check-off duly signed by the employees concerned.
NOTE!!!
One of the lawful deductions on employees’ pay is the union dues that are authorized in writing by the employee concerned
Jurisdiction over Check-Off Disputes
Being an intra-union dispute, the Regional director of DOLE has the jurisdiction over check off disputes
Assessments
Payment used for special purposes. Especially if required for a limited time.
Requisites to Collect Special Assessment
GR: No special assessments, attorney’s fees, negotiation fees, or any other extraordinary fees may be checked off from any amount due to an employee unless there is
- Authorization written resolution of the majority of all the members at the general meeting duly called for that purpose.
- Secretary’s record of the minutes of said meeting
- Individual written authorizations for check-off duly signed by the employee concerned.
The authorization should specify
1. Amount
2. Purpose
3. Beneficiary of the deduction
XPN:
Exceptions
a. For mandatory activities under the LC
b. For Agency Fees
c. When non-members of the union avail of the benefits of the CBA:
1. Non-members may be assessed union dues equivalent to that paid by union members;
- Only by board resolution approved by majority of the members in general meeting called for the purpose.
Effect of failure to strictly comply with the requirements set by law
It shall invalidate the questioned special assessments. Substantial compliance with the requirements is not enough.
Union Dues
Monthly contributions paid by the members in exchange for the benefits given to them by the CBA and to finance the activities of the union representing the union.
Union Dues
Monthly contributions paid by the members in exchange for the benefits given to them by the CBA and to finance the activities of the union representing the union.
Nature and Purpose of Union Dues
Union dues are the bloodline of the union.
All unions are authorized to collect reasonable amount for fines, assessments, fees, contributions for labor education,research mutual death and hospitalization benefits, welfare fund, strike fund, and credit and cooperative undertakings.
Agency Fees
Amount that equivalent to union dues - Fee that a non-union member pays as he/she benefits from the CBA negotiated by the union.
Does not amount to unjust enrichment but to avoid discrimination between the union and non-union members. Its source is not contractual but is based from quasi-contract.
Requisites for Assessments of Agency Fees
- Employee is part of bargaining unit.
- Employee is not part of the union
- Employee partook in benefits of the CBA
Limitation on the amount of Agency Fees
The agency fees that a union can collect from the non-union member are limited by law
- It should be a reasonable amount
- Equivalent to the due and other fees that are paid by the members of the recognized collective bargaining agent.
Union Dues Vs. Agency Fees
Union Dues:
- Collected from *union members**
- There must be an individual written authorization from members.
Agency Fees:
- Collected from non-union members in the same baragaining unit who receive the benefits from CBA.
- Can be assessed without written authorization from the employee concerned.
Union Security Clause
A generic term for closed shop, union shop, maintenance of membership shop, it is a rule in the workplace that requires employees to join or stay in an union in order to keep their jobs.
Kinds of Union Security Clause:
UNION SHOP
New employeez required to join the union within a certain period as a condition for their employment continuation.
Kinds of Union Security Clause:
UNION SHOP
New employeez required to join the union within a certain period as a condition for their employment continuation.
Kinds of Union Security Clause:
MAINTENANCE OF MEMBERSHIP SHOP
Employees who are already in union or who later will join the union must stay in it to remain employed until they are promoted or transferred out of the bargaining unit or agreement terminated.
Kinds of Union Security Clause:
CLOSED SHOP
Only under the union membership can be hired and must stay in the union while working under the agreement.
NOTE TO STATE POLICY UNIONISM
The state supports employees to join the union to negotiate better with their employers as a group.
The law allows 2 types:
1. UNION SHOP - An individual can be hired even not in a union but must join a union after getting the job.
- CLOSED SHOP - An individual should have a union in order to be hired.
These rules help union to stay strong and protect worker’s rights.
Dismissal by virtue of stipulation in CBA
A CBA provision on employee dismissal holds equal weight to the Labor Code’s dismissal rules, as a CBA serves as the “law” between the company and union, with compliance mandated to uphold labor protection.
In terminating EE by security clause, the ER should determine and prove the ff:
- Union security clause is applicable.
- Union request of enforcement of the union security provision in CBA.
- Sufficient evidence to expel the employee from the union.
Organized Establishment
An enterprise that has a recognized or certified sole and EBA.