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issues with union deduction

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1 issues with union deduction on Sun Jul 03, 2011 5:18 pm

jopok_69


Arresto Menor
Good day, our company has just concluded our Collective Bargaining Agreement negotiation with our union. Our union conducted a series of shifting meetings, four in total, in order to gather the signature of the employees as a requisite in the ratification of the new CBA, but at the same time use the said shifting meeting to make the employee sign a resolution giving the company cashier authorization to deduct an amount of 3,100 Php as attorney’s fee and special assessment fee from our signing bonus. As per the union president’s explanation, the deduction represents 10% of our individual signing bonus, which is:
1.) Mandated by law in Art. 111, Book Three of the Labor Code, and
2.) Mandated by the federation where our union is a member.
And that not signing the said resolution can be a ground for:
1.) Withholding the benefit of the member;
2.) Removal from membership;
3.) Posting of names on the unions bulletin board, and
4.) Enforcing a deduction whether or not a member affixed his/her signature.
5.)
they said these while the forms for the resolution is being passed and asked to be signed by the members,and while the issue is being discussed.
Under the said circumstances most member have signed the said resolution, and at the same time, the union submitted to the member for approval/signature another resolution making the 10% deduction on the future CBA negotiation(attorneys fee, special assessment fee etc)mandatory. It was not clear during the said meeting whether how many signed the two resolutions mentioned above. Furthermore, a signing campaign was initiated by the union and its officer even after the shifting meeting, by way of gathering signatures in the production, canteen, and service/shuttle. My questions are:
1.) Is the resolution pertaining to php3, 100 deductions in our signing bonus within the bounds of law given the manner of how our signature/approval had been acquired?
2.) Would the deduction be applied to those members who did not affix their signature on the said resolution?
3.) Is our rights as mandated by article 222 (b); art 241 (n) (o) as prescribed is the labor code violated?
4.) Are the steps by which the special assessment issue. the procedure on how it was conducted, our signatures gathered makes it legal and binding?
The union is threatening those who did not sign the resolution with a disciplinary action, citing the Constitution and bylaws of the union as a basis? Are our basic rights with regard to the issue of special assessment be overtaken by the unions constitution and by laws? What is the remedy for the members who are questioning the legality and validity of said resolutions?
6.) Can the union still take from us the said amount as part of our penalty for not signing theresolution?
by the way the union did not inform the members of thier rights in the labor code nor the unions contitution and bylaws,
There were at least 200 employees who did not sign the resolution, nor gave their individual written authorization. So, the deduction was not effected on them. The union had said that they are going to summon the aforementioned members to a hearing, in reference to their refusal to sign the resolution. The said hearing is in accordance with the CBL of the union before an employee can be given a penalty or sanction in violation of the CBL. Instead of calling for a single date or a shifting meeting for the 200 or so employees, the union has opted, through the executive board, to schedule July 6, 7, 13, 14, 20, 21, 27 and 28, August 3, 4, 10, 11, 17, 18, 24, 25 and 31, and September 1, 7, 8, 14, 15, 21, 22, 28 and 29 as the dates for when a member can attend the said hearing. Could there be malice in the move of the executive board to spread the dates for attendance to the hearing in order to weaken the resolve of the members concerned, thus making them sign the questioned resolution? In cases wherein a possible conflict with the union’s CBL in reference to a member’s rights as to that of the Labor Code; which takes precedence over the other? Should the union’s CBL adapt/accept all the provisions of the Labor Code pertaining to the rights and conditions of membership (Art. 241) and other pertinent chapters and articles in relation to membership and labor unions? Would the Supreme Court’s decisions in cases that are similar, i.e. , validity/legality of deduction on special assessment be a guide in settling the issue?

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2 Re: issues with union deduction on Sun Jul 03, 2011 5:30 pm

jopok_69


Arresto Menor
our CBL mandates a gen membership meeting wheever an amendment is to be done in our existing consti andbylaws,but ,if a resolution is brought to the memebership for approval,it is not clear whether a shifting meeting or a gen assembly is needed,but the on going practice is..shifting meeting..which should be the proper step or procedure when ratifyng a resolution?awhat is required by law?

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3 Re: issues with union deduction on Mon Jul 04, 2011 5:47 pm

jopok_69


Arresto Menor
sennya na if mahaba,,para kasing ginigipit kami ng union,its either pumirma o may kaso kami

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4 Re: issues with union deduction on Tue Jul 05, 2011 6:01 pm

attyLLL


moderator
how many total union members? and how many approved the cba?


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5 Re: issues with union deduction on Wed Jul 06, 2011 1:00 pm

jopok_69


Arresto Menor
mga 1400 kami,lahat kami approved sa CBA,ang kinikwestyon namin ay ung issue ng special assessment,legalidad nito,proseso ng pag latag at pagkuha ng pag sang ayon ng miyembro,,nasa mga 200+ kami na hindi pumirma sa special assestment kasi nga tutol kami,ung iba ay pumirma dahil nga sa pamamaraang ginamit ng union,pagmamaniobra at pang gagapang

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6 Re: issues with union deduction on Thu Jul 07, 2011 12:16 am

attyLLL


moderator
my guess is that there's a side agreement or statement in the cba that if it is ratified, then the payment is ratified as well.

i do not see a problem with the issue of a shifting meeting.


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7 Re: issues with union deduction on Thu Jul 07, 2011 7:46 pm

jopok_69


Arresto Menor
how can i check or know if there is indeed a side agreement?how about the manner or condition ,the memebers signed the resolution

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8 Re: issues with union deduction on Fri Jul 08, 2011 2:52 pm

attyLLL


moderator
you'll have to inquire with your union leaders.


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