Petitionersweredenieddueprocessaswell

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Unformatted text preview: to
 agreement
among
the
members
 o Only
 in
 absence
 thereof
 will
 the
 IRR
 apply:
 incumbent
 president
 to
 create
 an
 election
 committee
 within
 60
 days
 before
expiration
of
the
incumbent
officers’
term
 Rules
specify
the
composition
as
well
as
the
powers
 and
 duties
 of
 the
 election
 committee,
 but
 its
 rules
 and
 actions
 cannot
 contradict
 the
 Labor
 Code
 mandates
 • If
the
officers
with
expired
term
do
not
call
an
election,
the
remedy
is
 for
 at
 least
 30%
 of
 the
 members
 to
 file
 a
 petition
 with
 the
 DOLE
 Regional
Office
 • UST
Faculty
Union
et
al
v.
Bitonio
Jr.
 o Petitioners,
 disgruntled
 union
 members,
 claim
 that
 the
 numerous
 anomalies
 allegedly
 committed
 by
 the
 union
 officers
 impelled
 them
 to
 elect
 a
 new
 set
 of
 officers
 before
 the
 end
 of
 the
 term
 of
 the
 incumbents.
 DOLE
 declared
 election
 null
 and
 void
 on
 the
 ground
 that
 the
 election
 was
 initiated
 and
 conducted
 not
 in
 accordance
 with
 the
 constitution
and
by‐laws
 o Petitioner’s
frustration
over
the
performance
of
the
incumbent
 officers,
 as
 well
 as
 their
 fears
 of
 a
 “fraudulent”
 election
 to
 be
 held
 under
 the
 latter’s
 supervision,
 could
 not
 justify
 the
 method
 they
 chose
 to
 impose
 their
 will
 on
 the
 union.
 It
 does
 not
 justify
 disregarding
 the
 union’s
 constitution
 and
 by­laws.
 The
 point
 to
 be
 stressed
 is
 that
 the
 union’s
 CBL
 is
 the
 fundamental
 law
 that
 governs
 the
 relationship
 between
 and
 among
the
members
of
the
union.
Without
respect
for
the
CBL,
 Lalay
Abala.
ALS2014B.
Labor
II.
 • • • a
 union
 as
 a
 democratic
 institution
 degenerates
 into
 nothing
 more
than
a
group
of
individuals
governed
by
mob
rule.
 Eligibility
of
voters
 o Only
 members
 of
 the
 union
 can
 take
 part
 in
 the
 election
 of
 union
officers
 o US
Federal
law
 
member
in
good
standing
has
the
right
to
 vote
 o A
 member
 in
 good
 standing
 is
 any
 person
 who
 has
 fulfilled
 the
requirements
for
membership
in
the
union
and
who
has
 neither
 voluntarily
 withdrawn
 from
 membership
 nor
 been
 expelled
 or
 suspended
 from
 membership
 after
 appropriate
 proceedings
 consistent
 with
 the
 lawful
 provisions
 of
 the
 union’s
constitution
and
by‐laws
 o A
 labor
 organization
 may
 prescribe
 reasonable
 rules
 and
 regulations
with
respect
to
voting
eligibility
 The
 right
 to
 vote
 may
 be
 deferred
 within
 reasonable
 limits,
 but
 a
 union
 may
 not
 create
 special
classes
of
nonvoting
members
 A
labor
organization
may
condition
the
exercise
of
 the
 right
 to
 vote
 on
 the
 payment
 of
 dues,
 since
 paying
 dues
 is
 a
 basic
 obligation
 of
 membership.
 This
rule
is
subject
to
qualifications
–
 Any
 rule
 denying
 dues‐delinquent
 members
 the
 right
 to
 vote
 must
 be
 applied
uniformly
 Members
 must
 be
 afforded
 a
 reasonable
 opportunity
to
pay
dues,
including
a
grace
 period
 during
 which
 dues
 may
 be
 paid
 without
any
loss
of
rights
 o Question
 of
 eligibility
 to
 vote
 may
 be
 determined
 through
 the
 use
 of
 the
 applicable
 payroll
 period
 and
 employee’s
 status
during
the
applicable
period
 o Submission
 of
 the
 employees’
 name
 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
 the
 union’s
officers
 Union
officer
must
be
an
employee
 o One
should
be
employed
in
the
company
to
qualify
as
officer
 of
 a
 union
 in
 that
 company
 
 This
 rule,
 while
 deleted
 by
 department
 orders,
 remains
 because
 it
 is
 required
 in
 the
 Labor
Code
itself
 Disqualification
of
union
officers
 o 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
 Crime
involving
moral
 turpitude
...
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