Article 250 – Rights & Conditions of Membership
In the absence of CBLs, the implementing rules (IR) of Book 5
 Election of officers – the heart of union democracy
 Fiduciary in nature – dealings between the union & its
members.
 2 factors:
1. Degree of dependence of employee on the union.
2. Power vested in the union w/ respect to the employee.
Rights of Union Members:
1. Political right – member’s right to vote & be voted for.
2. Deliberative & Decision-making right – right to participate in
deliberations on major policy questions & decide them by
secret balloting.
3. Rights to money matters – right against excessive fees,
unauthorized collection of contributions.
4. Right to information – right to be informed about the
organization’s constitution & by-laws & CBA.
 When & how does an employee become a union member?
o It depends on the union’s CBLs.
o An employee is already qualified for union
membership starting on his day 1st day of service.
 Inclusion in CBU – depends on determination of its
appropriateness under Articles 240 & 267.
 Inclusion in a union – depends on the union’s CBLs.
 Inclusion in the CBA – depends on the stipulations in the CBA.
Election of Officers:
1. Officers are elected directly by the members in secret
balloting.
2. Election takes place at intervals of 5 years.
3. Positions to fill up, how, & where depend on the union’s
CBLs.
4.
shall apply.
5. The IRs require the incumbent president to create an election
committee w/in 60 days before expiration of the incumbent
officer’s term.
6. The IRs specify the composition, powers, & duties of the
election committee.
7. If officers w/ expired term do not call an election, the remedy
if for at least 30% of the members to file a petition w/ DOLE
regional office.
Eligibility of Voters:
 Only members of the union can elect union officers.
 Every member in good standing is entitled to 1 vote.
 A member in good standing is any person who has fulfilled
the requirements for membership in the union, & who has
neither voluntarily withdrawn, expelled or suspended from
membership.
 May require period of prior membership, such as 6 mos. or 1
year.
 May condition the exercise of the right to vote on payment of
dues.
o 2 qualifications:
1. Denying dues-delinquent members the right to vote must
be applied uniformly.
2. Members must be given opportunity to pay dues,
including grace period.
 One should be employed in the company to qualify as officer
of a union in that company.
 No person convicted of a crime involving moral turpitude
shall be eligible for election.
 Any individual who belongs to a subversive organization or
any subversive activity shall not be admitted as a union
member.

MORAL TURPITUDE – an act or behavior that gravely violates the
accepted standard of the society.
SUBVERSIVE ORGANIZATION – an organization that advocates for
the overthrow of an incumbent government by force & violence.
Procedures in Impeachment:
1. It should be initiated by a petition signed by at least 30% of
all bona fide members of the union.
2. A gen. membership meeting shall be convened by the board
chairman to consider the impeachment.
3. Before impeachment vote, the union officer who is filed w/
impeachment shall be given opportunity to defend himself.
4. Majority of all the members shall be required to impeach or
recall an officer.
 A union member may be expelled only for a valid cause, & by
following the procedures in the CBLs of the union.
 Expulsion of a member for arbitrary or impetuous reason
may amount to ULP by the union.
Relief within the Union:
 Redress must first be sought within the union in accordance
w/ its CBLs in order to:
o Give the grievance machinery of the union the
opportunity to decide the matter by itself.
o To prevent unnecessary & premature resort to judicial
bodies.
Rule on Exhaustion of Administrative Remedies – when the
grievance machinery is given the chance to pass upon the matter, it
will decide the same correctly.
 If intra-union remedy failed to correct any violation, the case
can be filed w/ the BLR w/c is authorized to hear & decide
cases of this nature.
 EXCEPTIONS on exhaustion of Admin. Remedies:
o The complaint filed is against the union and its
incumbent officers, or board of directors.
o Violation of due process.
 Violation of conditions of membership results to cancellation
of union registration or expulsion of culpable officers.
 EXCEPTION: When such violation affects only 1 or 2
members, then only 1 or 2 members would be enough to
report such violations.
VISITORIAL POWER
 The SOLE or his duly authorized representative shall 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 non-
compliance w/ the laws % to aid in the prosecution of any
violation.
CHECK OFF – method of deducting from an employee’s pay at
prescribed period, the amounts of union fees, fines, or assessments.
o Union dues must be recognized by employer or authorized in
writing by the employee.
o Must be reasonable.
o Union dues must be approved by the members themselves.
DUES – payments to meet the union’s general & current obligations.
ASSESSMENT – payments used for special purpose, required only for
a limited time.
 o No special assessment, attorney’s fees or negotiation fees
may be checked off w/o the worker’s written authorization
duly signed by him. Authorization should state the amount,
purpose, & beneficiary of the deduction.
o Attorney’s fees may not be checked off w/o his written
consent, except for mandatory activities.
o Mandatory activity – a judicial process of settling disputes
laid down by the law. It may be checked-off from any amount
due to an employee w/o the individual written check-off
authorization.
3 Requisites to Collect Special Assessment:
1. Authorization by a written resolution of the majority of all
the members at the general membership meeting duly called
for that purpose.
2. Secretary’s record of the minutes of the meeting.
3. Individual written authorization for check-off duly signed by
the employee.
 AGENCY FEE - an amount equivalent to union dues w/c a
non-union member pays to the union because he benefits
from the CBA. It is “agency fee” because the union serves as
the agent in negotiating the CBA. Check off is allowed.
Employer’s Liability in Check-off Arrangement:
 No provision in the law that makes an employer directly
liable if it failed to deduct union dues & assessment from
employee’s salaries & wages pursuant to check-off
stipulation.
 Failure to deduct may constitute a violation of a contractual
commitment w/c may incur liability for ULP.
 Employer is not liable to the union for uncollected dues or
assessment.
 Checkoffs impose extra burden on the employer for
additional administrative & bookkeeping costs.
 Payment of union dues & agency fees are personal
obligations of an employee not demandable from the
employer upon refusal of the employee to consent to a check
off.
Regional Director of DOLE – has jurisdiction over check off
disputes.
BLR – has jurisdiction over cases of violations in Art. 250 w/ their
appropriate penalty.
ARTICLE 251 – Rights of LLO
1. To act as representatives of its members for the purpose of
CB.
2. To be certified as the exclusive representative of all
employees in a CBU.
3. To be furnished by the employer upon written request, w/
the annual financial report, w/in 30 days from receipt of the
request.
4. To own real & personal properties for the use & benefit of
the labor organization & its members.
5. To sue & be sued in its registered name.
6. To undertake all other activities for the benefit of the
organization & its members.
 The 1st three rights pertain to a union selected as EBR.
 To negotiate a CBA, the union must be certified by DOLE as
the SEBA.
The Union as Representative:
 Without CBA, the union need only be registered w/ DOLE.
 To negotiate a CBA, the union must be certified by DOLE as
being the EBR.
 A labor union represents its members against ULP.
  It has personality to sue on behalf of its members for their
individual money claim.
Members Distrusting their Union:
 Authority of a union includes power to represent its
members for the purpose of enforcing the provisions of CBA.
 When a union files a case on behalf of its members, the
members are not permitted file in the same case a
‘COMPLAINT-IN-INTERVENTION’ even if the union was not
pursuing the case properly.
 The intervention may be allowed when there is fraud,
collusion or that the representative will not act in good faith.
 Magna Carta of Labor – promotes the settlement of
differences.
Compromise on Money Claims:
 Money claims- cannot be the subject of settlement or
compromise agreement w/o consent of each worker.
 The beneficiaries are the complainants themselves.
 The union can only assist them but cannot decide for them.
 Authority of the union to waive or quitclaim a judgment
award must be expressly granted by the worker.
 The court should verify and assure itself the fact & extent of
the authority of the union leadership to execute any
compromise or settlement on behalf of the workers.
 Waiver of money claims by workers is a personal right that
must be personally exercised.
 For a waiver to be legally effective, the individual consent of
the workers involved must be shown.
Article 252 – Reportorial Requirements
 Documents to be submitted to BLR by LLO:
1. CBLs w/in 30 days from adoption or ratification of CBLs.
2. List of officers, minutes of election, & list of voters w/in
30 days from election.
3. List of members at least once a year.
 Failure to comply shall subject the erring officers or members
to suspension, or expulsion from membership.
Article 253 – Coverage & Employees Right to Self-Organization
 The right to organize & to bargain are NOT given exclusively
to employees.
 Employed in commercial, industrial, agricultural, religious,
charitable, medical, or educational.
 Even workers who are not employees may form their
organization to protect their interests.
 The right to form a labor organization is granted to all kinds
of workers and employees.
 Exception: Managerial Employees – they would be exposed
to the temptation of conspiring w/ the union during the
negotiations to the detriment of the employer.
 Employees of non-profit medical institutions are permitted to
form labor unions for purposes of CB.
 Union must be certified by DOLE to become EBR.
EXCEPTION: Employee-Members of Cooperative
 Cooperatives – run & operate either by persons, partnerships
or corporations.
 Its owners or/and members run the business.
 An employee of cooperative who is also a member & co-
owner cannot invoke the right to CB.
 Employees who are not co-owners are entitled to rights of all
workers organization.
 It is the fact of ownership that disqualifies a member from
joining a labor organization.
  All members cannot form or join a labor org. for the purpose
of CB.
 A member-employee may withdraw from membership in
order to join a labor organization.
Exception to Exception: members-employees of cooperative cannot
unionize for CB but are not prohibited from forming an association.
(worker’s association)
Exceptions:
1. International Organizations
 Employees of an organization immune from Philippine
jurisdiction cannot unionize.
 Examples: IRRI & ICMC
2. Foreign Workers & Foreign Corporations
 Strictly prohibited from engaging directly or indirectly
in all forms of trade union activities.
 Aliens workers w/ valid work permits may exercise
self-organization if they are nationals of a country that
grants the same right to Filipino workers.
3. Iglesia Ni Cristo Members (religious objector)
 Closed shop – an agreement whereby an employer
agrees to hire and retain in employment only persons
who are members of a union. (Industrial Peace Act)
 Union security
 Iglesia ni Cristo are exempted from compulsory union
membership. (RA No. 3350)
 Despite any closed shop agreement, the members
cannot be refused employment or dismissed from
their jobs on the sole ground that they are not
members of the CBU.
Article 254 – Right of Employees in the Public Service
 Government employees are guaranteed their right to
organize & to negotiate, but not the right to strike.
 The right to form organizations is for the furtherance and
protection of their interests.
 The right to self-organization is denied for purposes of
collective bargaining is because the terms and conditions of
government employment are fixed by law & not by
collective bargaining.
 Only those terms and conditions not fixed by law that may be
the subject of negotiation.
 Not negotiable: (requires appropriations of fund) salary
emoluments & other allowances, hospitalization, increase in
retirement benefits.
 Negotiable: schedule of leaves, work assignment of pregnant
women.
The 1987 Constitution
 The right to self-organization shall not be denied to gov’t.
employees.
 The state shall guarantee the rights of all workers to self-
organization, collective bargaining & negotiations, including
the right to strike in accordance w/ law.
CSC Memorandum Circular No.6
o The Commission prohibits all gov’t, officers & employees
from staging strikes and other forms of mass action w/c will
result in temporary stoppage or disruption of public services.
Executive Order No. 180
o The right to self-organization pertains to all employees of all
branches and agencies of the gov’t., including GOCCs w/
original charter.
o Such employees shall not be discriminated against in respect
of their employment by reason of their membership in
employees’ organization.
 o Employment shall not be subject to the condition that they
shall not join or relinquish their membership in the
employee’s organization.
o Established the Public Sector Labor Management Council, to
implement EO No. 180. The council formulated & issued the
IRRs of EO No. 180.
No Signing Bonus:
 Signing bonus is a sum of money paid to a new employee by
the company as an incentive to join the company.
 Collective negotiation agreement does not include signing
bonuses because such negotiation in the public sector doe
does not encompass appropriations of public funds.
Employees exempted from E.O. No. 180 for reason of security. They
are not allowed to unionize.
1. AFP
2. Policemen
3. Firemen
4. Jail guards
 High level employee – one whose functions are considered
policy determining, managerial, or one whose duties are
highly confidential in nature.
 Rank & file employees – ordinary workers in a company who
are not leaders or managers.
RIGHT TO STRIKE (E.O. No. 180)
 Must be exercise I accordance w/ law, subject to CS Law &
rules, & any legislation that may be enacted by Congress.
 The resolution of complaints & grievances are not left to
collective bargaining, but to CS Law & Labor Laws &
procedures.
 The parties may refer any unresolved dispute after
exhausting all available remedies to the Public Sector Labor-
Management Council (PSLMC).
 Since the terms & conditions of employment in the
government, including GOCCs, are governed by law, the
employees SHALL NOT STRIKE for the purpose of securing
changes.
 Gov’t. employees’ organization shall register w/ CSC & the
DOLE.
 The application shall be filed w/ the BLR of DOLE.
 Applications may also be filed w/ the Regional Office of DOLE,
w/c will transmit the said application to the BLR w/in 3 days.
 Upon approval of application, a registration certificate shall
be issued, recognizing it as legitimate employees’
organization.
 The registration certificate shall be jointly approved by the
Chairman of CSC and the SOLE.
 Certification Election – may be conducted by the BLR,
whether governed by civil service or labor code rules.
 Civil Service – covers only GOCCs w/ original or legislative
charter, that is, those created by an act of Congress or special
law.
 Labor Code – covers GOCCs w/o original charter.
PSLMC – has jurisdiction to hear charges of ULP filed by gov’t.
employees against their employer.
o May also rule on dismissal, if the 2 issues – ULP & dismissal-
are interlinked.
Article 255
 o Managerial employees – cannot form labor org.
o Supervisory employees – not eligible in CBU of rank & file.
o Rank & file union & Supervisor’s union in same establishment
may join the same federation or national union.
Article 256
 Inclusion as union members of employees outside the BU
shall not be ground for cancellation of registration.
 Such employees are automatically deemed removed from
the list of membership of said union.
CATEGORIES OF EMPLOYEES
1. Managerial
2. Supervisory
3. Rank & file
TYPES PF MANAGERIAL EMPLOYEES
1. First-line managers – direct operating employees only; they
do not supervise other managers. Examples: foreman &
production supervisor. They are often called supervisors.
2. Middle managers – direct the activities of other managers &
sometimes also those operating employees.
3. Top managers – responsible for overall management of the
organization.
2 Distinctions:
1. Top & middle managers – those who have the authority to
devise, implement, and control strategic & operational
policies.
2. First level managers/supervisors – those whose task is simply
to ensure that such policies are carried out by the rank & file
employees.
R.A. 6715 – (Herrera-Veloso amendment) retain the ineligibility of
managerial employees but revive the right of supervisory employees
to unionize.
Definitions of Manager & Supervisor:
 A supervisor has the power only to recommend while a
managerial employee has the power to decide & do those
acts.
SUPERVISOR – the power to recommend requires the use of
independent judgment.
 The recommendation should be (a) discretionary or
judgmental (not clerical) (b) independent (not a dictation of
someone else) (c) effective (given weight in management
decision).
MANAGER – one who possesses managerial powers.
 To lay down & execute management policies to hire, transfer,
suspend, discipline employees.
 Takes part in policy making.
 A manager makes policy decisions or people decisions or
both, while a supervisor recommends those decisions. One is
a decision maker, one is a recommender.