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A.

Enumerate and explain at least three rights as stated in


Article 241.
1. No person who has been convicted of a crime involving moral
turpitude shall be eligible for election as a union officer or for
appointment

to

any

position

in

the

union;

A trade union is an organization made up of members and its


membership must be made up mainly of workers. One of a trade
union's main aims is to protect and advance the interests of its
members in the workplace.
Throughout the election process, election officials should be
guided by three principles. First, you should be fair and impartial,
treating all candidates equally and avoiding any acts of favoritism or
even the appearance of favoritism. You should maintain a businesslike
relationship with all candidates even if you work with or are personal
friends with any of them. Second, you must follow the election
provisions in your unions constitution and bylaws as well as any other
union election rules as long as they are not inconsistent with federal
law. Finally, you should uphold American democratic traditions by
protecting the right of every member in good standing to nominate
candidates, run for office, and vote by secret ballot for officers of your
union.
We assume that the decisions of both union members, including
officers, and candidates are important in the leadership selection
process, and that perceptions of members and candidates are an
essential part of the decision-making . The significance of member
perceptions and candidate self-evaluations in officer selection is that
people act upon what they believe to be true, rather than reality itself.
2. No officer, agent or member of a labor organization shall collect any
fees, dues, or other contributions in its behalf or make any

disbursement of its money or funds unless he is duly authorized


pursuant to its constitution and by-laws;
Employees shall have the right to organize and bargain collectively
through representatives of their own choosing. The majority of any craft or class
of employees shall have the right to determine who shall be the representative
of the craft or class for the purposes of this chapter. No carrier, its officers, or
agents shall deny or in any way question the right of its employees to join,
organize, or assist in organizing the labor organization of their choice, and it
shall be unlawful for any carrier to interfere in any way with the organization of
its employees, or to use the funds of the carrier in maintaining or assisting or
contributing to any labor organization, labor representative, or other agency of
collective bargaining, or in performing any work therefor, or to influence or
coerce employees in an effort to induce them to join or remain or not to join or
remain members of any labor organization, or to deduct from the wages of
employees any dues, fees, assessments, or other contributions payable to labor
organizations, or to collect or to assist in the collection of any such dues, fees,
assessments, or other contributions: Provided, That nothing in this chapter shall
be construed to prohibit a carrier from permitting an employee, individually, or
local representatives of employees from conferring with management during
working hours without loss of time, or to prohibit a carrier from furnishing free
transportation to its employees while engaged in the business of a labor
organization. No carrier, its officers, or agents shall require any person seeking
employment to sign any contract or agreement promising to join or not to join a
labor organization; and if any such contract has been enforced prior to the
effective date of this chapter, then such carrier shall notify the employees by an
appropriate order that such contract has been discarded and is no longer binding
on them in any way.
3.Every payment of fees, dues or other contributions by a member shall be
evidenced by a receipt signed by the officer or agent making the collection and
entered into the record of the organization to be kept and maintained for the
purpose;

No officer, agent or member of a labor organization shall collect any fees,


dues or other contributions in its behalf or make any disbursement of its money
or funds unless he is duly authorized pursuant to its constitution and by-laws;
Every payment of fees, dues or other contributions by a member shall be
evidenced by a receipt signed by the officer or agent making the collection and
entered into the record of the organization to be kept and maintained for the
purpose;
No special assessment or other extraordinary fees may be levied upon the
members of a labor organization unless authorized by a written resolution of a
majority of all the members of a general membership meeting duly called for the
purpose. The secretary of the organization shall record the minutes of the meeting
including the list of all members present, the votes cast, the purpose of the special
assessment or fees and the recipient of such assessment or fees. The record shall
be attested to by the president.Other than for mandatory activities under the Code,
no special assessments, attorneys fees, negotiation fees or any other extraordinary
fees may be checked off from any amount due to an employee, without an
individual written authorization duly signed by the employee. The authorization
should specifically state the amount, purpose and beneficiary of the deduction
B. How shall be Union members be treated?
Trade unions are organizations that represent people at work.
Representing could mean someone from the union meeting with
management on behalf of a member or a group of staff or taking up a
problem with your employer for you.
Trade unions aim to protect their members. This includes making
sure that workplaces are safe and that peoples health is not being put
at risk through their jobs. It also means legal protection trade unions
usually employ lawyers to make sure that companies and organizations
treat their staff in accordance with the law.
Trade unions aim to improve their members pay and conditions.
If a single member of staff approaches management because they feel
they should be paid more, they are much less likely to be successful

than if every member of staff speaks as one through their trade union.
Trade unions collectively negotiate better pay and conditions on behalf
of their members and, statistically, union members earn more than
non-union members.
2.

Art.

242.

Rights

of

legitimate

labor

organizations. A

legitimate labor organization shall have the right.


A. To be certified as the exclusive representative of all the employees in an
appropriate

bargaining

unit

for

purposes

of

collective

bargaining;

Any labor organization duly registered with the DOLE that includes any
branch or local.
Collective bargaining is a procedure looking towards the
execution of a labour contract between the employer and the
bargaining agent, regarding wages, hours of work and other terms and
conditions of employment.
Certification.

Official

recognition

by

some

impartial

labor

relations board that an employee organization is the exclusive


representative for all the employees in an appropriate bargaining unit
for the purpose of collective bargaining.
The Department of Labor Relations is authorized to determine
appropriate bargaining units giving due regard to such criteria as
community of interest, efficiency of operations, and safeguarding
effective representation.

The

exclusive

representative

is

authorized

to

negotiate

agreements covering all employees in a bargaining unit and must


represent all such employees fairly in contract negotiation and
administration.
Representatives designated or selected for the purposes of
collective bargaining by the majority of the employees in a unit
appropriate for such purposes, shall be the exclusive representatives of
all the employees in such unit for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, or other
conditions of employment: Provided, That any individual employee or a
group of employees shall have the right at any time to present
grievances to their employer and to have such grievances adjusted,
without the intervention of the bargaining representative, as long as
the adjustment is not inconsistent with the terms of a collectivebargaining contract or agreement then in effect: Provided further, That
the bargaining representative has been given opportunity to be
present at such adjustment.
REFERENCES: LABOR CODE
www.dole.gov.ph/labor_codes
http://www.answers.com/topic/trade-union
JOHN KRISTOFFER B. MONARCA
BSBA