From the overall conduct of the company it is

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Unformatted text preview: s
 ULP.
 It
 can
 file
 an
 action
 in
 their
 behalf
 without
 the
 procedure
of
joining
each
and
every
member
as
a
separate
party
 • Labor
 union
 has
 the
 requisite
 personality
 to
 sue
 on
 behalf
 of
 its
 members
for
their
individual
money
claims
 • Members
doubting
their
union
 o When
a
union
files
a
case
“for
and
in
behalf
of
its
members”,
 a
 member
 or
 several
 members
 of
 that
 union
 will
 not
 be
 permitted
 to
 file
 in
 the
 same
 case
 a
 complaint‐in‐ intervention
 even
 if
 it
 alleges
 that
 the
 union
 was
 not
 pursuing
the
case
diligently
 o The
intervention
may
be
allowed
when
there
is
 a
suggestion
 of
fraud
or
collusion
or
that
the
representative
will
not
act
in
 good
 faith
 for
 the
 protection
 of
 all
 interests
 represented
 by
 the
union
 Compromise
binding
upon
minority
members
of
union;
exception
 • Compromise
 agreement
 between
 union
 and
 company,
 pursuant
 to
 which
 the
 complaint
 in
 an
 ULP
 case
 had
 been
 withdrawn
 and
 dismissed,
is
binding
upon
the
minority
members
of
the
union.
Action
 taken
 by
 minority
 members
 in
 disauthorizing
 counsel
 of
 record
 and
 filing
another
ULP
case
is
contrary
to
the
policy
of
the
Magna
Carta
of
 Labor,
 which
 promotes
 the
 settlement
 of
 differences
 between
 management
and
labor
by
mutual
agreement
 • BUT
court
had
reached
a
different
conclusion
in
a
case
where
257
out
 of
 262
 complainants
 agreed
 to
 drop
 their
 criminal
 and
 ULP
 complaints.
The
union,
said
the
court,
had
no
authority
to
compromise
 Lalay
Abala.
ALS2014B.
Labor
II.
 5. 6. the
 individual
 claims
 of
 members
 who
 did
 not
 consent
 to
 such
 settlement.
 Not
 having
 authorized
 their
 union
 to
 enter
 into
 such
 compromise,
 those
 members
 are
 not
 bound
 by
 the
 terms
 of
 the
 settlement
 Compromise
of
money
claims
 • Money
 claims
 due
 to
 laborers
 cannot
 be
 the
 object
 of
 settlement
 or
 compromise
 effected
 by
 a
 union
 or
 counsel
 without
 the
 specific
 individual
consent
of
each
laborer
concerned
 • Union
 officers’
 authority
 to
 compromise
 must
 be
 presented
 in
 evidence
 • Judgment
 based
 on
 a
 compromise
 agreement
 authorized
 by
 the
 members
does
not
bind
the
individual
members
or
complainants
who
 are
not
parties
thereto
nor
signatories
therein
 • Complainant
 union
 members
 had
 not
 ratified
 the
 Return‐to‐Work
 Agreement.
It
follows
that
they
can’t
be
held
bound
by
that
agreement
 • Waiver
of
money
claims
by
workers
and
employees
must
be
regarded
 as
a
personal
right.
For
a
waiver
to
be
effective,
the
individual
consent
 or
ratification
of
the
workers
or
employees
involved
must
be
shown
 Right
to
be
furnished
with
financial
statement
 • Union
 has
 the
 right
 to
 be
 furnished
 with
 the
 employer’s
 audited
 financial
statements.
 • 4
points
in
time
when
union
may
ask
in
writing
for
these
statements
–
 o After
the
union
has
been
recognized
by
the
employer
as
sole
 bargaining
representative
of
the
employees
in
the
bargaining
 unit;
or
 o After
the
union
is
certified
by
DOLE
as
such
sole
bargaining
 representative;
or
 o Within
the
last
60
days
of
the
life
of
a
CBA;
or
 o During
the
collective
bargaining
negotiation
 • Audited
 financial
 statements,
 including
 balance
 sheet
 and
 profit
 and
 loss
 statement,
 should
 be
 provided
 by
 the
 employer
 within
 30
 calendar
days
after
receipt
of
the
union’s
request
 Right
to
collect
dues
 
 Article
242­A.
Reportorial
requirements.
 • • • Before:
 failure
 to
 submit
 the
 periodic
 documentary
 requirements
 was
 reason
 enough
to
cancel
the
registration
of
the
delinquent
labor
organization
 NOW:
such
cancellation
is
no
longer
allowed
 IRR:
procedure
to
“delist”
a
labor
organization
that
does
not
comply
for
5
years
 with
the
reportorial
duty
 o Apparently,
 IRR
 considers
 delisting
 as
 different
 from
 cancellation
 even
if
they
both
lead
to
loss
of
the
union’s
legal
personality
 Title
V:
Coverage
 Article
243.
Coverage
and
employees’
right
to
self­organization.
 47
 1. 2. 3. 4. Organizing
in
general
 • Rights
 to
 organize
 and
 to
 bargain
 are
...
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This document was uploaded on 03/11/2014.

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