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1An act or behavior that gravely violates the sentiment or accepted standard of the
community
3. The members of a religious org which forbids membership in labor org Being an intra-union conflict BLR and RD of DOLE has concurrent
could not be compelled into union membership (Victoriano v. Elizalde Rope jurisdiction.
Worker’s Union)
REQUISTES FOR SPECIAL ASSESSMENT
LEVY OF SPECIAL ASSESSMENTS OR EXTRAORDINARY FEES 1. Authorization by a written resolution of the majority of all members at
Requirements: (R.A.G.S) the general membership meeting duly called for the purpose;
1. there must be a written RESOLUTION 2. Secretary’s record of the MOM; and
2. the resolution must have been APPROVED by a majority of all members 3. Individual written authorization for check-off duly signed by the
3. the approval must be at a GENERAL MEMBERSHIP MEETING DULY CALLED employee concerned.
FOR that purpose; and
4. the SEC. OF THE ORG shall record the MOM, which shall be attested to by Special Assessment vs. Check Off
the President. The minutes include:
a) List od all members present; Special Assessment Check-Off
b) Votes cast, and How Approved By written resolution (Union Dues)
c) Purpose of the assessment or feed (Art. 250 (n) approved by majority of By obtaining the
all the members at a individual written
Note: SUBSTANTIAL COMPLIANCE IS NOT ENOUGH meeting duly called for authorization duly signed
that purpose by the employee which
CHECK-OFF – is a method of deduction from employees pay at prescribed must specify the amount,
period the amount due to the union fees, fines or assessments purpose, and beneficiary.
Exception to No exception (Agency Fees)
Requirements: such Not necessary:
requirement 1. For mandatory activities
GR: No special assessment, attorney’s fees, registration fees or any other provided under the Code;
extraordinary fees may be checked off from any amount due an employee and
WITHOUT AUTHORIZATION DULY SIGNED BY THE EMPLOYEE (Art. 249 (o)) 2. When non- members of
Authorization should specifically state the: the union avail of the
1. Amount and benefits of the CBA. They
2. Purpose and the beneficiary of the deduction may be assessed of
agency fees.
EXPN: (when written authorization is not required)
1. For mandatory activities provided under the code; and
2. When non- members of the union avail of the benefits of the CBA;
a) Said non-members may be assessed union dues equivalent to
that paid by members and
b) Only by a board resolution approved by majority of the
members in a general meeting called for the purpose.
3. Check-off union service fees authorized by law
To be submitted by the legit LO (COMA) 1. All persons employed in Commercial, Industrial, and Agricultural (CIA)
1. Constitution and by-law, or amendments thereto, minutes of ratification, enterprises
and the list of members who took part in the ratification and the list of
members who took part in the ratification of the consti and by-laws within 2. In Religious, Charitable, Medical, Educational (RCME) insti whether
30 days from the adoption or ratification of the consti/BL/amendments operating for profit or not; and
thereto;
3. Employees of GOCCs without original charters.
2. List of officers, minutes of the election of officers and list of voters within
20 days from election;
Persons/Employees Eligible to Join a LO for Mutual Aid and Protection
3. List of Members at least once a year of whenever required by the Bureau;
(AIR-SIW)
and
1. Ambulant (Walking or Mobile Workers);
4. Annual financial report within 30 days after the cclose of every fiscal year.
2. Intermittent (irreg workers)
3. Rural
Note: Non-compliance – not a ground for cancellation of union registration
4. Self-employed people;
- But a shall subject erring officers or members to suspension,
5. Itinerant workers (working for a short time in various places)
expulsion from membership or any appropriate penalty (RA 9481,
6. Workers w/o any definite employers
Sec. 7)
Religious Objectors
2 6
International Catholic Migration Commission vs. Calleja Rosario Bros. Inc. v. Ople
3 7
EO 180, Sec.4 Arizala v. CA
4 8
Metrolab vs. Roldan-Confessor Kapatiran sa Meal and Canning Div. vs. Ferrer-Calleja)
5
EO 180, Sec.4