May be initiated by the labor unionsorbytheemployers

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Unformatted text preview: redress
 must
 first
 be
 sought
 within
 the
 union
 itself
 in
 accordance
with
its
CBL
 • When
the
CBL
provides
for
the
procedure
for
redress,
this
should
be
 resorted
to
not
only
to
give
the
grievance
machinery
or
appeals’
body
 of
the
union
the
opportunity
to
decide
the
matter
by
itself,
but
also
to
 prevent
 unnecessary
 and
 premature
 resort
 to
 administrative
 or
 judicial
bodies
 • Exceptions
 o When
 exhaustion
 of
 remedies
 within
 the
 union
 itself
 would
 practically
 amount
 to
 a
 denial
 of
 justice,
 it
 would
 not
 be
 insisted
upon,
as
a
condition
to
the
right
to
invoke
the
aid
of
 a
court
 Consequence
of
violation
of
rights
 • If
 the
 conditions
 of
 membership,
 or
 the
 rights
 of
 the
 members,
 are
 violated,
 the
 violation
 may
 result
 in
 the
 cancellation
 of
 the
 union
 registration
or
the
expulsion
of
the
culpable
officers
 • Any
 complaint
 or
 petition
 with
 allegations
 of
 mishandling,
 misappropriation
 or
 non‐accounting
 of
 funds
 in
 violation
 of
 Article
 241
 shall
 be
 treated
 as
 an
 intra‐union
 dispute.
 It
 shall
 be
 heard
 and
 resolved
by
the
Med‐Arbiter
 • Exception:
when
30%
not
required
 o Labor
 Code
 requires
 30%
 of
 the
 members
 to
 report
 a
 violation
of
the
labor
organization
procedures
 o Nevertheless,
 when
 such
 violation
 directly
 affects
 only
 one
 or
 two
 members,
 then
 only
 one
 or
 two
 members
 would
 be
 enough
to
report
such
violation
 Article
242
of
the
Labor
Code
states
that
a
report
of
 a
violation
of
rights
and
conditions
of
membership
 in
 a
 labor
 organization
 may
 be
 made
 by
 “at
 least
 45
 30%
of
all
the
members
of
a
union
or
any
member
 or
 members
 specially
 concerned”
 
 use
 of
 the
 permissive
 “may”
 in
 the
 provision
 at
 once
 negates
 the
 notion
 that
 the
 assent
 of
 30%
 of
 all
 the
 members
 is
 mandatory.
 More
 decisive
 is
 the
 fact
 that
 the
 provision
 expressly
 declares
 that
 the
 report
may
be
made,
alternatively
by
“any
member
 or
members
specially
concerned”
 10. Visitorial
power
 • Article
 274
 authorizes
 the
 Secretary
 of
 DOLE
 or
 his
 duly
 authorized
 representative
 to
 inquire
 into
 the
 financial
 activities
 of
 any
 labor
 organization
 on
 the
 basis
 of
 a
 complaint
 under
 oath,
 supported
 by
 20%
 of
 the
 membership
 in
 order
 to
 determine
 compliance
 or
 noncompliance
 with
 the
 laws
 and
 to
 aid
 in
 the
 prosecution
 of
 any
 violation
thereof
 11. Check­offs
and
assessments
 • Check‐off
 is
 a
 method
 of
 deducting
 from
 an
 employee’s
 pay
 at
 prescribed
 period,
 the
 amounts
 due
 the
 union
 for
 fees,
 fines
 or
 assessments
 • Article
113
–
one
of
the
lawful
deductions
from
employee’s
wage
is
for
 union
 dues,
 in
 cases
 where
 the
 right
 of
 the
 worker
 or
 his
 union
 to
 check‐off
 has
 been
 recognized
 by
 the
 employer
 or
 authorized
 in
 writing
by
the
individual
worker
concerned
 • Amount
of
union
dues
should
be
reasonable
 • Amount
 and
 collection
 of
 union
 dues
 are
 questions
 that
 affect
 the
 entire
membership,
hence,
they
have
to
be
approved
by
the
members
 themselves
 • Assessments,
like
dues,
may
also
be
checked
off
 o Dues
are
payments
to
meet
the
union’s
general
and
current
 obligations.
 The
 payment
 must
 be
 regular,
 periodic,
 and
 uniform.
 o Payments
 for
 a
 special
 purpose,
 especially
 if
 required
 only
 for
a
limited
time,
are
regarded
as
an
assessment
 o Attorney’s
fees
may
not
be
deducted
or
checked
off
from
any
 amount
 due
 to
 an
 employee
 without
 his
 written
 consent,
 except
for
mandatory
activities
under
the
Code
 o Mandatory
 activity
 is
 a
 judicial
 process
 of
 settling
 dispute
 laid
down
by
the
law.
 Amicable
 settlement
 entered
 into
 by
 management
 and
union
is
NOT
a
mandatory
activity
 o Deductions
 for
 union
 service
 fee
 are
 authorized
 by
 law
 and
 do
not
require
individual
check‐off
authorizations
 o Palacolv.
Pura
Ferrer­Calleja
 Union
 president
 submitted
 to
 the
 company
 the
 ratification
 by
 the
 union
 members
 of
 the
 newly
 concluded
CBA.
He
also
submitted
an
authorization
 for
the
company
to
deduct
union
dues
and
10%
as
 special
 assessment
 from
 the
 CBA
 lump
 sum...
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