Legitimate Labor Organizations Overview
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Questions and Answers

What information must be provided regarding the chapter's officers as per the existing CBA up to the expiration date?

The names and addresses of the chapter's officers and the principal office of the union must be provided.

What must be indicated if a chapter's constitution and by-laws are the same as that of the federation or national union?

This fact must be explicitly indicated in the documentation.

Under what grounds can a federation revoke a charter issued to a local or chapter?

A charter can be revoked on grounds of disloyalty or other specified reasons in the constitution and by-laws of the federation.

What are the reportorial requirements for independently registered labor unions when affiliating with a federation?

<p>They must include a resolution from the board of directors and minutes from the general membership meeting approving the affiliation.</p> Signup and view all the answers

How does disaffiliation affect the legal status of an independently registered labor union?

<p>It continues to have legal personality and retains all rights and privileges of a Local Labor Organization (LLO).</p> Signup and view all the answers

What certification is required for the genuineness and due execution of supporting documentation for labor unions?

<p>The documentation must be certified under oath by the secretary or treasurer and attested to by the president.</p> Signup and view all the answers

What happens to an unregistered local chapter that disaffiliates from a union?

<p>It would cease to be an LLO and would lose its legal personality and associated rights and privileges.</p> Signup and view all the answers

Why is it important for the chapter's officers and main office information to be certified?

<p>Certification ensures accuracy and legitimacy of the union leadership documented in the CBA.</p> Signup and view all the answers

What is one reason for a labor union to affiliate with a federation?

<p>To secure support or assistance during the formative stage of unionization.</p> Signup and view all the answers

What must a labor union do after affiliating with a federation?

<p>Report the affiliation to the Regional Office that issued its certificate of registration.</p> Signup and view all the answers

What happens to an existing Collective Bargaining Agreement (CBA) if a union disaffiliates?

<p>The CBA remains valid until its expiration date.</p> Signup and view all the answers

What effect does disaffiliation have on union dues?

<p>Union dues may no longer be collected if there is no federation to authorize it.</p> Signup and view all the answers

What is the consequence of revocation of a union's affiliation with a federation?

<p>It divests the local union of its legal personality upon notice receipt by the Bureau.</p> Signup and view all the answers

Why is expertise valuable for labor unions during negotiations?

<p>Expertise helps in preparing and pursuing effective bargaining proposals.</p> Signup and view all the answers

What is a possible action a union may take during group actions like a strike?

<p>Marshalling mind and manpower to support collective efforts.</p> Signup and view all the answers

What distinguishes an independently registered union from one that is affiliated?

<p>An independently registered union can maintain legal personality even after disaffiliation.</p> Signup and view all the answers

What is the primary condition for a labor union to disaffiliate from its mother union?

<p>The disaffiliation can only occur during the 60-day freedom period immediately preceding the expiration of the CBA.</p> Signup and view all the answers

How must a disaffiliation decision be made by a union’s membership?

<p>Disaffiliation must be decided by the entire membership through secret balloting.</p> Signup and view all the answers

What happens to locals or chapters if a federation or national union's registration is canceled?

<p>They lose their status as legitimate labor organizations.</p> Signup and view all the answers

What can happen if locals or chapters fail to register as independent unions after disaffiliation?

<p>They shall lose their legitimate status upon the expiration of the CBA.</p> Signup and view all the answers

Under what circumstance can disaffiliation occur even before the freedom period?

<p>Disaffiliation can occur if it is carried out by a majority of union members in the bargaining unit.</p> Signup and view all the answers

In the context of PSEA’s disaffiliation from PAFLU, what was the status of PSEA during the dispute with PSEA-WATU?

<p>PSEA disaffiliated from PAFLU and affiliated with NCW during the pending resolution of the controversy.</p> Signup and view all the answers

What binds members of a new or disaffiliated union regarding the CBA?

<p>The CBA continues to bind the members of the new or disaffiliated union.</p> Signup and view all the answers

What constitutes a substantial shift in allegiance among union members?

<p>A substantial shift occurs when the majority of members change their loyalty to another union.</p> Signup and view all the answers

What condition allows a local union to disaffiliate from a national federation?

<p>A local union can disaffiliate if supported by the majority of its members and without any prohibitive stipulations in the federation's Constitution and by-laws.</p> Signup and view all the answers

What is the member's right regarding the organization's constitution and by-laws?

<p>Members have the right to be informed about their organization's constitution and by-laws.</p> Signup and view all the answers

What rights do members have concerning collective bargaining agreements?

<p>Members have the right to be informed about the collective bargaining agreement that governs them.</p> Signup and view all the answers

What role does labor law play in a member's right to information?

<p>Members have the right to be informed about applicable labor laws affecting their membership.</p> Signup and view all the answers

Under what conditions can employees not revoke a collective bargaining contract?

<p>Employees cannot revoke a collective bargaining contract simply by changing their bargaining agent.</p> Signup and view all the answers

When does an employee qualify for union membership?

<p>An employee qualifies for union membership starting on their first day of service.</p> Signup and view all the answers

What does the substitutionary doctrine imply about union membership and contracts?

<p>The substitutionary doctrine implies that a new bargaining agent cannot alter or revoke an existing collective bargaining contract without negotiation.</p> Signup and view all the answers

What decision-making rights do union members possess?

<p>Union members have the right to participate in deliberations on major policy questions and decide them by secret ballot.</p> Signup and view all the answers

What is an agency fee, and why can XYZ Employees Union collect it from A?

<p>An agency fee is a charge collected from non-union members who benefit from a collective bargaining agreement. XYZ Employees Union can collect it from A because he receives benefits from the CBA despite not being a member.</p> Signup and view all the answers

What legal basis allows XYZ Employees Union to collect fees from non-members like A?

<p>The legal basis is found in Article 248 (now 259) (e) of the Labor Code, which allows for collection of agency fees from non-union members under quasi-contractual obligations.</p> Signup and view all the answers

How does A's membership in a rival union affect his obligation to pay the agency fee?

<p>A's membership in a rival union does not exempt him from paying the agency fee, as he is still benefitting from the CBA negotiated by XYZ Employees Union.</p> Signup and view all the answers

What precedent was set by the case Del Pilar Academy v. Del Pilar Academy Employees Union regarding agency fees?

<p>The case established that unions may collect agency fees from non-members without written authorization if those employees accept benefits from the CBA.</p> Signup and view all the answers

Why is it significant that A has not issued an authorization for the collection of dues and fees?

<p>It is significant because A believes it exempts him from payment; however, the law allows collection without authorization if he benefits from the union's CBA.</p> Signup and view all the answers

What is one condition that may require a period of prior membership for union dues payment to be mandated?

<p>A reasonable period of prior membership may be required, such as six months to a year.</p> Signup and view all the answers

What are the two qualifications that must be met when applying the right to check-off for union dues?

<p>The application must be uniform and members must have a reasonable opportunity to pay dues, including a grace period.</p> Signup and view all the answers

What is the jurisdiction over check-off disputes according to Article 250(p) of the Labor Code?

<p>The Regional Director of DOLE has jurisdiction over check-off disputes.</p> Signup and view all the answers

What must be done first if a union member seeks redress for grievances according to the General Rule?

<p>Redress must first be sought with the union itself in accordance with its constitution and by-laws.</p> Signup and view all the answers

In what situation can a member bypass intra-union remedies to seek relief through the court?

<p>If the exhaustion of remedies with the union would amount to a practical denial of justice.</p> Signup and view all the answers

What are the requirements for collecting special assessments from union members?

<p>There must be authorization by a written resolution from the majority of members at a duly called general membership meeting.</p> Signup and view all the answers

What percentage of members is needed to report a violation of labor organization procedures according to the General Rule?

<p>At least 30% of the members are required to report such violations.</p> Signup and view all the answers

What type of fees cannot be checked off from any amount due to an employee?

<p>No special assessments, attorney’s fees, negotiation fees, or any extraordinary fees may be checked off.</p> Signup and view all the answers

Study Notes

Legitimate Labor Organizations

  • A labor organization is any union or association of employees formed, in whole or part, for collective bargaining or employer relations.
  • A legitimate labor organization is one registered with the Department of Labor and Employment (DOLE).
  • A company union is a labor organization that has been assisted in its formation, operation, or administration by an act recognized as an unfair labor practice under the Labor Code.
  • Labor organizations have two basic purposes: collective bargaining and dealing with employers.
  • Labor organizations can be created through independent registration or by chartering a local chapter.

Registration with DOLE

  • Registration with DOLE gives a labor organization legitimate status, granting legal personality and rights associated with representing workers.
  • Registration with the Securities and Exchange Commission (SEC) grants a labor organization separate juridical personality in regular courts, but does not grant the rights of a legitimate labor organization.
  • Requirements for registration include: the union's name, members, officers' names and addresses, the organization's main address, meeting minutes, a list of members involved, and registration fees.

Cancellation of Registration

  • Reasons for cancellation include misrepresentation, false statements, or fraud in connection with the formation or officer elections, as well as voluntary dissolution.
  • Supervisors joining rank-and-file unions is not a reason for cancellation, as those who do not properly belong are automatically removed.

Affiliation/Disaffiliation

  • Local unions can affiliate or disaffiliate from national unions or federations.
  • Affiliation is a contractual relationship.
  • Disaffiliation must follow the union's constitution and by-laws and be done correctly.
  • There may be limitations on disaffiliation, such as when adhering to a pending collective bargaining agreement.
  • A union may revoke charters if deemed disloyal or for reasons mentioned in the constitution and by-laws.

Local Chapter Creation

  • Federations or national unions can directly create a local chapter by issuance of a charter.
  • A local chapter gains legal personality after receiving the charter.
  • The creation process involves the submission of the chapter's constitution, by-laws, officers' details, and the organization's location.

Reportorial Requirements in Affiliation

  • The affiliation of an independently registered union with a federation or national union requires reports, including union board approvals, meeting minutes, member details that approved, the federation's affiliation certificate, and written notice to the employer.

Reasons for Affiliation

  • Securing support, assistance in bargaining, and a combined effort in labour actions.

Disaffiliation

  • A union may disaffiliate during a 60-day freedom period before a collective bargaining agreement (CBA) expires. An exception exists if the disaffiliation is supported by the majority of members.
  • The disaffiliation impacts the organization's status depending on the prevailing collective bargaining agreement's termination.

Rights of Legitimate Labor Organizations

  • Representing members in bargaining, securing exclusive representative status for collective bargaining, receiving financial statements, owning property, and suing.
  • Rights also include carrying out other activities to benefit the organization and its members and collecting reasonable membership fees.

Rights of Union Members

  • Include having a right to vote and be voted for (political rights), rights over finances, the right to be informed about the union's rules, and participation in decision-making.

Union Membership

  • Union constitution and by-laws generally determine membership eligibility and requirements. A member is typically someone employed at the time.

Officer Elections

  • Election processes vary based on the union's rules.
  • Eligibility for office is limited to current workers at the company.

Check-off, Assessments, Union Dues, and Agency Fees

  • Check-off is a method for deducting union fees from employee paychecks, with employee authorization.
  • Requirements for a valid check off include majority member authorization, Secretary's minutes of the meeting, and individual employee authorizations
  • Assessments are payments for specific purposes. Requirements for assessments, including those for agency fees, are similar to those for check-offs, and involve written authorization from employees.

Union Dues

  • Regular payments by members of a union, often to support various union activities.

Agency Fees

  • Agency fees are equivalent to union dues paid by non-union members benefiting from a collective bargaining agreement (CBA) negotiated by the union.

Assessment of Agency Fees

  • Agency fees can be assessed if the individual is part of the bargaining unit, is not a union member, and partakes in the CBA benefits.

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Description

Explore the key concepts surrounding legitimate labor organizations, including their purposes, registration processes, and the distinction between company unions and independent groups. This quiz will test your understanding of labor relations and the legal framework governing these organizations.

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