Trajano employer maintains that its petition for

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Unformatted text preview: .
 528
 members
 submitted
 documents
 to
 the
 company
 stating
that
although
they
had
ratified
the
new
CBA,
 Lalay
Abala.
ALS2014B.
Labor
II.
 • • • • • they
 were
 withdrawing
 or
 disauthorizing
 the
 deduction
of
any
amount
from
their
CBA
lump
sum.
 The
failure
of
the
Union
to
comply
strictly
with
the
 requirements
 set
 out
 by
 the
 law
 invalidates
 the
 questioned
 special
 assessment.
 Substantial
 compliance
is
not
enough
in
view
of
the
fact
that
the
 special
assessment
will
diminish
the
compensation
of
 the
 union
 members.
 Their
 express
 consent
 is
 required,
 and
 this
 consent
 must
 be
 obtained
 in
 accordance
 with
 the
 steps
 outlined
 by
 law,
 which
 must
be
followed
to
the
letter.
 There
 is
 nothing
 in
 the
 law
 which
 requires
 that
 the
 disauthorizations
must
be
in
individual
form.
 Three
 requisites
 to
 collect
 special
 assessment
 (incidental
 expenses,
attorney’s
fees
and
representation
expenses)
 o Authorization
 by
 a
 written
 resolution
 of
 the
 majority
 of
 all
 the
members
at
the
general
membership
meeting
duly
called
 for
the
purpose
 o Secretary’s
record
of
the
minutes
of
the
meeting
 o Individual
written
authorization
for
check‐off
duly
signed
by
 the
employee
concerned
 Article
 241
 (n
 and
 o):
 Authorization
 should
 proceed
 from
 free
 consent
 Check­off
of
agency
fee
 o Another
 allowable
 deduction
 from
 employee’s
 wage
 is
 agency
 fee.
 This
 is
 an
 amount,
 equivalent
 to
 union
 dues,
 which
 a
 nonunion
 member
 pays
 to
 the
 union
 because
 he
 benefits
from
the
CBA
negotiated
by
the
union
 Illegal
check­off
ground
for
cancellation
 o Violation
of
the
law
on
check‐off
of
special
assessments
was
 one
of
the
grounds
for
cancellation
of
union
registration
 o On
the
part
of
the
employer,
illegal
check‐off
may
give
rise
to
 a
charge
of
illegal
deduction
 Employer’s
liability
in
check­off
arrangement
 o No
 provision
 of
 law
 makes
 the
 employer
 directly
 liable
 for
 the
 payment
 to
 the
 labor
 organization
 of
 union
 dues
 and
 assessments
 that
 the
 former
 fails
 to
 deduct
 from
 its
 employee’s
 salaries
 and
 wages
 pursuant
 to
 a
 check‐off
 stipulation
 Employer’s
 failure
 to
 make
 the
 requisite
 deductions
 may
 constitute
 a
 violation
 of
 a
 contractual
 commitment
 for
 which
 it
 may
 incur
 liability
for
unfair
labor
practice.
But
the
employer,
 by
 that
 omission,
 does
 not
 incur
 liability
 to
 the
 union
 for
 the
 aggregate
 of
 dues
 or
 assessments
 uncollected
 from
 the
 union
 members,
 or
 agency
 fees
for
non‐union
employees
 o Obligation
to
pay
union
dues
and
agency
fees
obviously
does
 not
devolve
upon
the
employer,
but
the
individual
employee.
 It
 is
 a
 personal
 obligation
 not
 demandable
 from
 the
 46
 • employer
upon
default
or
refusal
of
the
employee
to
consent
 to
 a
 check‐off.
 The
 only
 obligation
 of
 the
 employer
 under
 a
 check‐off
is
to
effect
the
deductions
and
remit
the
collections
 to
the
union
 Jurisdiction
over
check­off
disputes
 o Regional
 Director
 of
 DOLE
 has
 jurisdiction
 over
 check‐off
 disputes
 o BLR
 has
 jurisdiction
 over
 cases
 of
 violations
 thereof
 and
 to
 mete
the
appropriate
penalty
 4. 
 Chapter
III:
Rights
of
legitimate
labor
organizations
 Article
242.
Rights
of
legitimate
labor
organizations.
 1. 2. 3. Not
any
LLO
 • First
three
rights
in
this
article
do
not
pertain
to
just
about
any
union
 but
 ONLY
 to
 the
 union
 that
 has
 been
 selected
 as
 the
 bargaining
 representative
of
the
employees
in
the
bargaining
unit
 o Union
whose
demand
for
collective
bargaining
was
rebuffed
 by
 the
 employer,
 because
 the
 union
 was
 not
 the
 certified
 bargaining
agent,
has
no
right
to
stage
a
strike
 Right
of
union
to
represent
its
members
 • It
is
the
function
of
a
labor
union
to
represent
its
members
against
the
 employer...
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This document was uploaded on 03/11/2014.

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