Legitimate Labor Organizations Overview

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

This fact must be explicitly indicated in the documentation.

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

<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

<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

<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

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

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

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

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

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

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

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

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

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

<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

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

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

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

<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

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

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

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

<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

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

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

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

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

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

<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

<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

<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

<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

<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

<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

<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

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

<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

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

<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

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

<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

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

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

A Collective Bargaining Agreement (CBA) continues binding members of a new or disaffiliated union until its expiration date.

The doctrine by which an existing CBA remains binding on a new or disaffiliated union.

A federation can revoke a local union's charter for disloyalty or other reasons.

A labor union registered without belonging to a federation.

A labor union affiliated to a federation but not legally registered.

Documents needed for a labor union to formally join a federation or national union.

Disaffiliation doesn't affect the legal status and rights of an independently registered local labor organization (LLO).

Disaffiliation removes the local union's LLO status, losing its legal personality and rights.

A labor union joining a larger federation or national union.

A contract between employer and union, outlining terms of employment.

CBA remains valid until expiration; the previous federation continues administration.

Union dues are no longer collected by former federation if disaffiliation occurs.

Newly affiliated unions must report to the Regional Office.

Union's legal status ends unless it has independent registration.

Unions affiliate for support, expertise, and group action (e.g., strike).

A 60-day window before a Collective Bargaining Agreement (CBA) expires, allowing a labor union to leave its parent organization.

Disaffiliation outside the freedom period requires a majority vote of the union members in the bargaining unit through secret ballot.

Cancellation of a federation's registration affects affiliated local union status.

Locals/chapters can register as independent unions after disaffiliation.

A union can disaffiliate from a federation during a bargaining agent dispute.

A method of voting to ensure a member's vote is undisclosed and protected, used for disaffiliation decisions.

During a bargaining agent status dispute, a local union can disaffiliate while the issue is resolved.

A local union can separate from its national federation if the federation's constitution and by-laws don't prohibit it.

Disaffiliation is typically guided by the terms of the agreement that established the original affiliation.

Local unions maintain the freedom to serve their own interests, subject to restrictions outlined by the national federation.

An employee becomes a union member according to the specific rules outlined in the union’s constitution and by-laws.

An employee qualifies for union membership upon starting their first day of work, as per the Labor Code.

Union members have the right to be informed about the organization’s constitution and by-laws, the collective bargaining agreement, and labor laws.

Union members have the right to participate in discussions on major policy questions and vote on them through a secret ballot.

A fee imposed by the recognized labor union on non-members who benefit from the collective bargaining agreement (CBA) negotiated by the union.

Agency fees are considered a quasi-contractual obligation. It's based on the principle that someone who benefits from a service should contribute to its cost, even if they are not a member.

Yes, a recognized union can collect agency fees from non-members who receive benefits from the CBA, even if they haven't expressly authorized it.

It doesn't matter. The recognized union can still impose agency fees on the worker who benefits from the CBA, even if they belong to a different union.

Yes. The Supreme Court case, Del Pilar Academy v. Del Pilar Academy Employees Union (G.R. No. 170112, 30 Apr. 2008), confirmed the legality of agency fees and their quasi-contractual basis.

Deduction of union dues from an employee's wages, allowed if authorized by the worker or their union, and applied uniformly with a grace period for payment.

The Regional Director of DOLE (Department of Labor and Employment) handles disputes related to check-off dues.

Payments collected from members for specific purposes, requiring majority approval and written resolution.

A worker must first seek redress within their union before filing an external case. This rule is waived only when internal remedies would be unjust.

At least 30% of union members are needed to report a violation of labor organization procedures.

Members must have a reasonable opportunity to pay dues and vote, ensuring no special classes of non-voting members are created.

A federation can revoke a local union's charter for reasons like disloyalty, but the local union can still register independently.