Ulpnotsubjecttocompromise

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Unformatted text preview: 
and
arises
out
of
2
factors
–
 Lalay
Abala.
ALS2014B.
Labor
II.
 Degree
 of
 dependence
 of
 the
 individual
 employee
 on
 the
 union
organization
 o Comprehensive
 power
 vested
 in
 the
 union
 with
 respect
 to
 the
individual
 • Union
 may
 be
 considered
 but
 the
 agent
 of
 its
 members
 for
 the
 purpose
 of
 securing
 for
 them
 fair
 and
 just
 wages
 and
 good
 working
 conditions
 o As
agent,
the
union
is
subject
to
the
obligation
of
giving
the
 members
 as
 its
 principals
 all
 information
 relevant
 to
 union
 and
labor
matters
entrusted
to
it
 • Duty
 of
 court
 to
 protect
 laborers
 from
 unjust
 exploitation
 by
 oppressive
employers
and
union
leaders
 o Fair
 dealing
 is
 equally
 demanded
 of
 unions
 as
 well
 as
 of
 employers
in
their
dealings
with
employees
 Rights
of
union
members
 • Political
 right
 –
 member’s
 right
 to
 vote
 and
 be
 voted
 for,
 subject
 to
 lawful
provisions
on
qualifications
and
disqualifications
 • Deliberative
 and
 decision‐making
 right
 –
 member’s
 right
 to
 participate
 in
 deliberations
 on
 major
 policy
 questions
 and
 decide
 them
by
secret
ballot
 • Rights
over
money
matters
–

 o Member’s
right
against
excessive
fees
 o Right
 against
 unauthorized
 collection
 of
 contributions
 or
 unauthorized
disbursements
 o Right
 to
 require
 adequate
 records
 of
 income
 and
 expenses
 and
the
right
of
access
to
financial
records
 o Right
to
vote
on
officers’
compensation
 o Right
 to
 vote
 on
 proposed
 special
 assessments
 and
 be
 deducted
 a
 special
 assessment
 only
 with
 the
 member’s
 written
authorization
 • Right
 to
 information
 –
 member’s
 right
 to
 be
 informed
 about
 the
 organization’s
constitution
and
by‐laws
and
the
CBA
and
about
labor
 laws
 • Article
241,
though
not
so
denominated,
carries
the
character
of
a
 bill
 of
rights
of
union
members
 • Union
 members,
 as
 employees,
 retain
 the
 right
 to
 directly
 present
 grievances
to
the
employer
at
any
time
 • Eligibility
for
membership
 o When,
 how
 and
 under
 what
 conditions
 an
 employee
 becomes
 a
 union
 member
 
 depends
 on
 the
 union’s
 constitution
 and
 by‐laws
 inasmuch
 as
 Article
 249
 gives
 a
 labor
 organization
 the
 right
 to
 prescribe
 its
 own
 rules
 for
 acquisition
or
retention
of
membership
 Nonetheless,
Article
277
states
that
an
employee
is
 already
qualified
for
union
membership
starting
on
 his
first
day
of
service
 o Employee’s
 membership
 in
 a
 union
 does
 not
 necessarily
 mean
coverage
by
the
CBA,
if
one
exists
 CBA
 defines
 its
 coverage
 as
 agreed
 upon
 by
 the
 parties.
 It
 may
 state
 that
 it
 covers
 only
 regular
 o • 3. 43
 4. employees,
 or
 even
 exclude
 certain
 positions
 or
 jobholders.
 Qualifying
 for
 union
 membership,
 therefore,
 does
 not
 necessarily
 mean
 inclusion
 in
 the
 coverage
 of
 the
CBA
 Inclusion
 or
 coverage
 in
 the
 CBA
 depends
 on
 the
 stipulations
in
the
CBA
itself
 o The
reverse
is
equally
true:
membership
in
the
CBU
does
not
 automatically
mean
membership
in
the
union
 CBU
members
vote
to
select
a
bargaining
union
or
 to
ratify
a
CBA.
But
only
union
members
can
vote
to
 elect
union
officers,
to
strike
or
not
to
strike,
or
to
 decide
major
policy
issues
in
the
union
 Inclusion
in
the
CBU
depends
on
the
determination
 of
its
appropriateness
under
Article
234
and
235
 Election
of
union
officers
 • Officers
 of
 the
 union
 are
 elected
 directly
 by
 the
 members
 in
 secret
 ballot
voting
 • Election
 takes
 place
 at
 intervals
 of
 five
 years
 which
 is
 the
 term
 of
 office
 of
 the
 union
 officers
 including
 those
 of
 a
 national
 union,
 federation,
or
trade
union
center
 • What
positions
to
fill
up,
where,
and
how
election
should
be
done
are
 matters
 left
 by
 law
 to
 the
 union’s
 constitution
 and
 by‐laws
 or
...
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This document was uploaded on 03/11/2014.

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