A member of a labor union may leave and
RIGHTS AND CONDITIONS OF
MEMBERSHIP
Relationship of the union and Its members
The relationship between the union and
its members is fiduciary in character. The
union is but an agent of its members for the
purpose if securing for them fair and just
wages and proper, good working conditions. It
includes the obligation to give its members as
its principals, all information relevant to the
union and labor matters entrusted to it.
The court has the duty to protect
workers from the unfair treatment and unjust
exploitation not only by oppressive employers
but also by their own unworthy leaders.
Where the union leadership was recreant in
its duty towards the union members, the
courts must be vigilant to protect the
individual interest of the union members.
(Heirs of Teodulo M. Cruz vs. Court of
Industrial Relations, 30 SCRA 917”)
RIGHT TO UNION MEMBERSHIP.
A. Right to union membership is not
absolute.
An employee cannot invoke an absolute right
to union membership.
Although the right to self-organization and
collective bargaining is duly guaranteed under
the constitution, it is subject, however, to
regulation by the state. For instance, it is
mandated by the law that no labor
organization shall knowingly admit as
member or continue in membership, any
individual who belongs to a subversive
organization or who is engaged directly or
indirectly in any subversive activity.( Article
241 (e), Labor Code)
B. Freedom of Choice.
An employee has the right to join or not to
join a labor union. (Victoriano vs. Elizalde
Rope Workers Union, 59 SCRA 54).
cancel his membership at any time. An
employee who joins a union does not make
any commitment or assume any undertaking
to continue his membership therein for a
fixed period of time, much less indefinitely. In
this regard he is a free agent. (Basa vs.
FOITAF, 61 SCRA 93; Pagkakaisa vs. Enriquez,
108 Phil.1010).
In case there is a valid UNION SECURITY
CLAUSE in the CBA such as closed-shop or
union-shop arrangement between
management and the union. In such a case,
the employee concerned is duty-bound to
keep his union membership for the duration
of the CBA as a condition for his continued
employment. If such membership in the union
(the collective bargaining agent) is validly
terminated, he may likewise be dismissed
from his employment. (Victoriano vs. Elizalde
Rope Workers Union, 59 SCRA 54; De la Salle
University vs. De La Salle University
Employees Association, G.R. No. 109002,
April 12, 2000)
C. Right to join union acquired from first day
of employment.
By express provision of law, any employee,
whether employed for a definite period or not
shall, beginning on his first day of service, be
considered an employee for purposes of
membership in any labor union. (Article 277
(c),Labor Code).
D. Union members who are not employees
do not possess the right to join union or be
certified as bargaining agent.
If the union members are not employees, no
right to organize for purposes of collective
bargaining, nor to be certified as bargaining
agent can be recognized, Reiterating its earlier
pronouncement in the case of La Suerte Cigar
and Cigarette Factory vs. Director of Labor
Relations, ( 123 SCRA (1983)), the Supreme
Court in Singer Sewing Machine Company vs.
Drilon, (G.R. No. 91307, January 24, 1991,
193 SCRA 270, 275), declared:
“The question of whether
employer-employee relationship exists
is a primordial consideration before
extending labor benefits under the
 workmen’s compensation, social
security, medicare, termination pay and
labor relations law. It is important in
the determination of who shall be
included in the proposed bargaining
unit because it is the sine qua non, the
fundamental and essential condition
that a bargaining unit be composed of
employees. Failure to establish this
juridical relationship between the union
members and the employer affects the
legality of the union itself. It means the
ineligibility of the union members to
present a petition for certification
election as well as to vote therein.”
Rights of Union Members Under Article 250
Article 250 of the labor code enumerates
the specific legal rights of a member of a
labor union as well as the legal conditions of
such membership. More specifically, these
rights and conditions may be grouped into the
following categories:
a. Financial Rights.
Financial rights include the following:
1. right against arbitrary, oppressive or
excessive fees, fines, and forfeitures;
2. right to full and detailed reports on all
financial transactions in accordance with
the constitution and by-laws of the union;
3. right against unauthorized collection
of any fees, dues or other contributions;
4. right to claim receipt for every
payment of fees, dues, or other contributions
5. right to prevent funds of the
organization from being applied for any
purpose or object other than those expressly
provided by the union’s constitution and by-
laws or allowed expressly by written
resolution adopted by the majority of the
members at a general meeting duly called for
the purpose;
6. right to demand or require that every
income or revenue as well as every
expenditure of the union shall be recorded or
receipted, which record or receipt shall form
part of the financial records of the union;
7. right against unauthorized check-of
for special assessments, attorney’s fees,
negotiation fees or any other extraordinary
fees without an individual written
authorization duly signed by the employee;
8. right to vote on the compensation of
union officers; and
9. right against unreasonable assessment
to finance labor relations and seminars and
other labor education activities.
b. Right to Information.
Right to information includes the
following:
1. right to require the Treasurer and the
other officers of the union responsible for the
account of the union as well as for the
collection, management, disbursement,
custody or control of the funds, moneys and
other properties, to render a true and correct
account thereof, at least once a year within
thirty (30) days after the close of its fiscal year
and at such other times as may be required by
a resolution of the majority of the members
of the union and upon vacating his office;
2. right to require that the account be
duly audited and verified by affidavit and a
copy thereof be furnished to the secretary of
labor and employment;
3. right to inspect the books of account
and other financial records of the union and
to require full and detailed reports from their
officers and representatives on all financial
transactions as provided for in the
constitution and by-laws of the organization;
4. right to informed of the provisions of
the constitution and by-laws, CBA, the
prevailing labor relations system and all their
rights and obligations under existing labor
laws through the medium of labor relations
seminar or other labor education activities;
5. right to seek investigation of any
irregularity.
It must be emphasized that the law considers
it unlawful for any person to make any
statement, report, or record filed or kept
pursuant to the provisions of the labor code,
knowing such statement, report or record to
be false in any material respect. (Article 119,
Labor Code)

Political Rights
Political rights include the following:
1. right to vote and be voted for as
officer of the union, subject to the
qualifications and disqualifications mentioned
in Article 241 of the labor code such as
membership in a subversive organization or
engaging, directly or indirectly, in any
subversive activity and conviction of a crime
involving moral turpitude;
2. right to be appointed to appointive
positions in the organization, subject to the
qualifications and disqualifications mentioned
in Article 241 of the labor code.
Right to participate in decision-making.
Right to participate in the decision-making
process includes the following:
1. the right to vote by secret ballot on
any question of major policy afecting the
entire membership of the organization;
2. Right to initiate and participate in
impeachment or expulsion proceedings
againts an erring officer or member of the
union.
Any violation of the above rights and
conditions of membership shall be a ground
for cancellation of union registration or
expulsion of an officer, whichever is
appropriate.
Election of Officers of Labor Organizations
and Workers Associations.
a. Term of Office; defined.
“Term of office” refers to the fixed period of
five (5) years during which the duly elected
officers of a labor organization discharge the
functions of their office, unless a shorter
period is stipulated in the organization’s
constitution and by-laws. ( Section 1 (yy), Rule
I, Book V, Rules to Implement the Labor Code,
as amended by Department Order No. 40-03,
Series of 2003, (Feb.17, 2003).
b. Qualifications.
Article 250 of the labor code specifies no
qualification requirements for candidacy to
any position (either by election or
appointment) other than the requirement
that the candidate should be a member in
good standing in the labor organization.
(Larap Labor Union vs. Victoriano, 97 Phil.
4357)
c. Disqualifications.
The following are the disqualifications:
1. Conviction of a crime involving moral
turpitude. The term “ moral turpitude”
consist of an act characterized with baseness,
vileness or depravity in the private or social
duties which a man owes his fellowme, or to
society, in general, contrary to accepted and
customary rule of right and duty between
man and man, or conduct contrary to justice,
honesty, modesty or good morals. (Tak vs.
Republic, 106 Phil.730)
However a person who was convicted of a
crime involving moral turpitude but had been
granted absolute pardon may no longer be
disqualified. (Flora vs. Oximiana, 10 SCRA
212)
2. Membership in a subversive organization or
engaging, directly or indirectly, in any
subversive activity. (See Article 241 (e), Labor
Code)
d. Disqualification, effect on election.
Basic is the rule that the disqualification of
certain elected officers does not justify the
declaration of the candidates who obtained
the second highest number of votes as the
elected officers. (Manalad vs. Trajano, G.R.
No. 72772-73, June 28, 1989)
e. Manner of election of officers.
It is required that the members shall directly
elect their officers, including those of the
national union or federation, trade center or
any similar aggruption to which their union is
affiliated, by the secret ballot at interval of
five (5) years. (Article 241 ( c ), Labor Code)
Assessments and Check-Offs.
a. Right of union to collect dues and agency
fees.
In addition to the express grant of authority
under Article 250 of the labor code bestowed
on legitimate labor organizations to collect
fees and make assessments, all unions by
express provision of Article 277 of the labor
code, are authorized to collect reasonable
membership fees, union dues, assessments
and fines and other contributions for labor
education and research, mutual death and
hospitalization benefits, welfare fund, strike
fund and credit and cooperative undertakings.
The legal basis of check-of is found in statutes
or in contracts. The statutory limitations on
check-ofs are found in Article 250 (g), (n),
and (o), Chapter II, Title IV, Book V of the
Labor Code.
Remedy in Case of Violation
A complaint may be filed by at least 30% of all
members of a union. However, if the violation
afects only a particular member, the 30%
requirement is not necessary, and such a
member can be file the complaint.

b. Check-off, defined. Where to file?

The term “check-of” means a method of
deducting from the employee’s pay at 1. DOLE Regional Office- involving
prescribed periods, any amount due for fees, independent unions and local chapters,
fines or assessments. (ALATCO vs. BITEMAA, appealable to the BLR within 10 days
91 Phil. 649)
2. BLR- involves federations, national
It is a process or device whereby the unions or trade union centers, appealable to
employer, on agreement with the union the SOLE within 10 days (for decisions
recognized as the proper bargaining rendered by the BLR in the exercise of its
representative, or on prior authorization from original jurisdiction)
its employees, deducts union dues or agency
fees from the latter’s wages and remits them
directly to the union. (Gabriel vs. The Hon.
Secretary of Labor and Employment, G.R.
No. 115949, March 16, 2000; ABS-CBN
Supervisors Employees Union Members vs.
ABS-CBN Broadcasting Corp., G.R. No.
106518, March 11, 1999; Holy Cross of
Davao College, Inc. vs. Joaquin, 263 SCRA
358 (1996)

c. Check-off is for the benefit of the union.

The desirability of check-of in a labor
organization is quite evident. It is assured
thereby of continuous funding. As the
Supreme Court has acknowledge, the system
of check-of is primarily for the benefit of the
union and only indirectly, for the individual
employees. (Gabriel vs. The Hon. Secretary
of Labor and Employment, G.R. No. 115949,
March 16, 2000; ABS-CBN Supervisors
Employees Union Members vs. ABS-CBN
Broadcasting Corp., G.R. No. 106518, March
11, 1999; Holy Cross of Davao College, Inc.
vs. Joaquin, 263 SCRA 358 (1996)

d. Legal basis of check-off.